Madras High CourtCRL OP(MD)/12629/2023dismissed

Jeevanantha Murugan v. Natchiyar

2023-07-14Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.12629 of 2023 Jeevanantha Murugan ... Petitioner Vs.

Natchiyar ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Judicial Magistrate Additional Mahila Court (JM Level), Theni to accept and pass orders on the warrant recall petition filed by the petitioner on the same day in C.C.No.60/2023 in DVOP No.17/2021 on the file of the Learned Judicial Magistrate Additional Mahila Court (JM Level), Theni. For Petitioner : Mr.V.A.Dhana Aravindha Balaji 1/4

O R D E R

This petition is filed seeking for a direction to the learned Judicial Magistrate, Additional Mahila Court, Theni, to recall the Non-bailable Warrant pending against the petitioner in C.C.No.60 of 2023 in D.V.O.P.No.17 of 2021.

2. Whenever a warrant has been issued by learned Magistrate, the aggrieved accused is expected to go before the learned Magistrate and file an application for recalling of warrant under Section 70(2) of the Code of Criminal Procedure. On filing of such application, learned Judicial Magistrate is required to pass orders either allowing or dismissing the application on the same day. The petitioner has filed this application without approaching the Additional Mahila Court and therefore, the petitioner is directed to approach the learned Judicial Magistrate, Additional Mahila Court, Theni, and file application under Section 70(2) of Cr.P.C.

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3. In view of the above, no further orders are required to be passed in this petition and it is accordingly dismissed.

14.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, All Women Police Station, Thilagarthidal, Madurai City, Madurai District.

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

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DR.D.NAGARJUN,J PKN W.P.(MD)No.12629 of 2023 Dated:14.07.2023 4/4