Madras High CourtCRL OP(MD)/15544/2020disposed of

M/S.Sree Aravindh Steels Ltd., v. The Assistant Commissioner Of Central Excise

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15544 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15544 of 2020

1. M/s. Sree Aravindh Steels Ltd, Represented by B.Arun Shankar Trichy.

2. B.Arun Shankar ... Petitioners/ Accused 1 and 3 Vs.

The Assistant Commissioner of Central Excise, Central Excise I Division, No.1, Williams Road, Contonment, Trichy - 620 001.

... Respondent/ Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Hon'ble Chief Judicial Magistrate, Trichy to consider the petition filed by the petitioners to recall the Non Bailable Warrant issued in C.C.No. 05/2009 on the very same day of its filing and dispose of the same on merits and in accordance with law on the same day.

For Petitioner : Mr.K.Samidurai

ORDER

This Criminal Original petition has been filed to direct the learned Chief Judicial Magistrate, Trichy to recall the nonbailable warrant issued against the petitioners in C.C.No.05/2009 on the very same day of its filing and to dispose of the same. 2.The learned counsel appearing for the petitioners would submit that the petitioners were regularly represented through their counsel till 10.09.2015. But, on 14.10.2015, due to boycott of the Court proceedings, the Counsel for the petitioners did not appear. Hence non bailable warrant had been issued by the trial Court.

3.Considering the undertaking given by the learned counsel for the petitioners, the petitioners are directed to appear before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15544 of 2020 learned Chief Judicial Magistrate, Trichy on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) lr To:

1. The Chief Judicial Magistrate, Trichy.

2. The Assistant Commissioner of Central Excise, Central Excise I Division, No.1, Williams Road, Contonment, Trichy - 620 001.

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

+1 C.C. TO M/S.K.SAMIDURAI, Advocate S.R.No.6318. Crl.O.P.(MD)No.15544 of 2020 15.02.2022 USK/01.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2