Madras High CourtCRL RC(MD)/334/2016allowed

M.Asmathkhan Chori v. The Inspector Of Police

2016-06-08Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS C.R.L.RC(MD) No334 of 2016 Crl.M.P.(MD) No.4306 of 2016 M.Asmathkhan Chori ... Petitioner / Petitioner -vsState rep. by, The Inspector of Police Economic Offences Wing, Madurai.

(Crime No.4 of 2011) ... Respondent / Respondent PRAYER: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records pertaining to Cr.M.P.No.635 of 2016 on the file of the Special Court for TNPID Act Cases, Madurai and set aside the order dated 23.03.2016 passed by the said Court.

For Petitioner : MrR.Pon Karthikeyan For Respondent : Mrs.S.Prabha Govt.Advocate (Crl.Side)

ORDER

This revision is directed by A3 in C.C.No.9 of 2013, since his Cr.M.P.No.635 of 2016, which has been filed to recall N.B.W. has been dismissed by the Trial Court.

2.This case has been instituted in C.C.No.9 of 2013 pending before the Special Court under TANPID Act Cases at Madurai. This case is of the year 2013 and the petitioner/A3 absconded himself for nearly 3 years. In the circumstances, the learned Special Judge has dismissed it. But I want to view it from a different angle.

3.Let the accused have relief but at the same time every steps shall be taken to effect progress in the case. He might have forgotten the case and the Court but not the Court. That is how the NBW has been dismissed.

4.In the circumstances, it is ordered as under:

(1) Criminal Revision is allowed.

(2) The learned Special Judge will recall the NBW on condition that the petitioner shall produce two sureties, who shall execute a bond for Rs.10,000/-.

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(3) Further, he shall regularly appear before the said Court for all the hearings, unless his absence is condoned by a petition filed under Section 317 Cr.P.C.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1.The Special Judge under TNPID Act Cases, Madurai.

2.The Inspector of Police Economic Offences Wing, Madurai.

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

+1cc to Mr.R.PON KARTHIKEYAN, Advocate Sr.No.29027 SJ AA/SK-SKN/16.06.2016/2p-5c C.R.L.RC(MD) No.334 of 2016 08.06.2016 https://hcservices.ecourts.gov.in/hcservices/