Madras High CourtCRL OP(MD)/7662/2023disposed of

Manivasakan v. The Inspector Of Police

2023-06-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7662 of 2023 Manivasakan ... Petitioner / Accused No.1 Vs.

The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

Crime No. 1486 of 2020 ... Respondent / Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records with respect to the order dated 15.02.2023 passed in Crl M.P No. 770 of 2023 in C.C No.14 of 2022 on the file of the Judicial Magistrate, Manapparai and set aside the same. For Petitioner : Mr.T.M.Madasamy For Respondent : Mr.Nambi Selvan Additional Public Prosecutor O RDER This petition is filed to quash the order, dated 15.02.2023, passed in Crl M.P No. 770 of 2023 in C.C No.14 of 2022 on the file of the Judicial Magistrate, Manapparai 1/4

2. On a simple issue, the petitioner has approached this Court for restoring the above said grievance. Originally, the petitioner was arrayed as A1 in C.C.No.14 of 2022, warrant was issued against him and the case was split up and the second accused was proceeded with the trial and the trial was completed and he was acquitted. Since warrant was issued against this petition, he approached the trial Court with an application to recall the warrant in Crl.M.P.No.770 of 2023 and that was allowed by imposing the condition upon the petitioner to deposit Rs.300/- on or before 18.02.2023 to the credit of District Legal Services Centre, Trichy. For reporting compliance, the matter was ordered to be listed.

3. According to the petitioner, the above said order was not known to him. So, he could not comply with the above said order and he filed an application for extension of time and that has been dismissed by the trial Court, against which, this petition has been filed.

4. Let the above said Rs.300/- be immediately deposited by this petitioner before the District Legal Services Centre, Trichy. On producing the deposit receipt, the order of recall be restored by the trial Court. The 2/4

above said process shall be completed within a week from the date of receipt of copy of this order.

5. With the above direction, this Petition is disposed of. NCC : Yes/No Index : Yes/No 12.06.2023 Internet : Yes/No Ls Note: Issue order copy on 12.06.2023 To 1.The Judicial Magistrate, Manapparai 2.The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

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

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G.ILANGOVAN. J.

Ls 12.06.2023 4/4