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Madras High CourtCRL RC(MD)/215/2019allowed

Mahendiran, v. Sivam,

2019-11-25Honourable Mr Justice V. Parthiban2 pages

CRL. R.C. (MD) NO.215 OF 2019 BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 25.11.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN CRL. R.C. (MD) NO.215 OF 2019 and Crl.M.P(MD)No.3282 of 2019 Mahendiran .. Petitioner/Respondent - Vs - Sivam .. Respondent/Petitioner Criminal Revision Case filed u/s 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Judicial Magistrate, Fast Track Court, Pattukkottai in CMP No.39 of 2019 in S.T.C.No.148 of 2017 and set aside the order dated 07.01.2019. For Petitioner : Mr.MA.Karunanithi For Respondent : Mr.D.R.Murugesan

ORDER

The present criminal revision petition is filed to set aside the order passed by the learned Judicial Magistrate, Fast Track Court, Pattukkottai in CMP No.39 of 2019 in S.T.C.No.148 of 2017 dated 07.01.2019 dismissing the petition filed by the petitioner for recalling the Bailable Warrant pending against him for his non appearance on 16.10.2018.

2.Although the learned Magistrate has stated clear reasons for non accepting the reasons for recall of bailable warrant, however, this Court in order to give an opportunity to the petitioner herein to defend the case before the Magistrate, is inclined to order recalling the bailable warrant issued against the petitioner by the learned Judicial Magistrate, Fast Track Court, Pattukkottai. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL. R.C. (MD) NO.215 OF 2019 3.In the said circumstances, the criminal revision is allowed and the order passed in Cr.M.P.No.39 of 2019 in S.T.C.No.148 of 2017 dated 07.01.2019 issuing bailable warrant against the petitioner by the Judicial Magistrate, Fast Track Court, Pattukkottai, is recalled. It is made clear that the petitioner herein shall attend all the hearings without fail and shall co-operate with the trial. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) skn To 1.The Judicial Magistrate, Fast Track Court, Pattukkottai.

2.The Chief Judicial Magistrate, Tanjore at Kumbakonam +1 CC to M/s.D.R. MURUGESAN, Advocate ( SR-100944[F] dated 25/11/2019 ) CRL. R.C. (MD) NO.215 OF 2019 and Crl.M.P(MD)No.3282 of 2019 25.11.2019.

KK/SAR/12.12.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2