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Madras High CourtCRL OP(MD)/3251/2016dismissed

N. Rajan v. K. Balamurugan

2016-02-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3251 of 2016 N.Rajan ... Petitioner -vs1. K.Balamurugan

2. State represented by the Inspector of Police Vengamedu Police Station, Karur District ... Respondents/ Complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure to issue suitable direction to the Fast Track Court at Karur to consider the application filed to recall the non bailable warrant under section 70(2) Cr.P.C. filed by the petitioner before the Fast Track Court, at Karur in STC No.563 of 2012. For Petitioner :

Mr.C.Selvaraj For Respondent :

Mr.A.P.Balasubramani No.2 Govt. Advocate (Crl. side)

O R D E R

This petition has been filed seeking a direction to the Fast Track Court, Karur, to consider the application filed by the petitioner to recall the non bailable warrant under section 70(2) Cr.P.C. in STC No.563 of 2012.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

3. It appears that when the case was posted for 313 Cr.P.C. examination, the petitioner absconded in the year 2013, since then the case is pending and therefore, this Court cannot give a direction as prayed for by the petitioner. It is open to the petitioner to surrender before the trial Court and file an application for recalling the non bailable warrant explaining the reasons as to why he was absconding and the learned trial Judge shall pass orders on merits. Accordingly, this petition is disposed of.

Sd/ Assistant Registrar (Crl.Side) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

RR To:

1.

The Fast Track Court, Karur 2.

The Inspector of Police, Vengamedu Police Station, Karur District 3.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.C.Selvaraj, Advocate SR.No.11033 CN/SKN-SK/15.03.2016/2P-5C Crl.O.P.(MD)No.3251 of 2016 26.02.2016 https://hcservices.ecourts.gov.in/hcservices/