Madras High CourtCRL OP(MD)/5261/2021disposed of

C.Murugesh @ Umarani v. Periyasamy

2021-04-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5261 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5261 of 2021 1.C.Murugesh @ Umarani ...1st Petitioner/Accused-1 2.Ganesan ...2nd Petitioner/Accused-2 3.Ananthu ...3rd Petitioners/Accused-7 Vs.

Periyasamy

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to recall warrant issued in C.C.No.2 of 2021, dated 18.02.2021 on the file of the learned Judicial Magistrate, Athoor, without insisting the presence of petitioners. For Petitioners : Mr.I.Arockia Selvaraj

ORDER

This petition is filed seeking an order of recalling NonBailable Warrant issued by the learned Judicial Magistrate, Athoor in C.C.No.2 of 2021, dated 18.02.2021.

2.According to the learned counsel for the petitioners, taking cognizance of the case by the trial Court itself is illegal. Since the alleged cause of action arose within the jurisdiction of Srirangam, Trichy and without proper summons, warrant has been issued against them and now they are located in Chennai and due to the present Covid-19 pandemic situation, they are not in a position to approach the Court in time and the next date of hearing is also fixed on 21.04.2021. Hence, the petitioners request the Court to fix the date for the appearance before the trial Court and workout their remedies.

3.Considering the limited request made by the learned counsel for the petitioners, there shall be a direction to the petitioners to approach the trial Court within a period of fifteen days from the date of receipt of a copy of this order and on appearance before the trial Court, the trial Court may consider their applications on merits and on the same day itself. Till then, the Non-Bailable Warrant issued by the trial Court shall stands stayed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5261 of 2021 4.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Munsif Cum Judicial Magistrate, Athoor. 2.The Chief Judicial Magistrate, Dindigul Crl.O.P.(MD)No.5261 of 2021 15.04.2021 CN(07.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2