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Madras High CourtCRL OP(MD)/14378/2019disposed of

Ganesan, S/O.Kuppusamy v. The Inspector Of Police

2019-10-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14378 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.14378 of 2019 Ganesan

...Petitioner/Accused No.1

Vs.

The Inspector of Police Melavalavu Police Station Madurai District Crime No.179 of 2004

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st Additional Sessions Court, Madurai to recall the warrant pending against the petitioner in SC No.399 of 2017 in Cr.No.179 of 2004, dated 05.10.2017 on the file of the respondent police.

For Petitioner : Mr.K.S.SelvaGanesh For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 1st Additional Sessions Court, Madurai to recall the warrant pending against the petitioner in SC No.399 of 2017 in Cr.No.179 of 2004, dated 05.10.2017 on the file of the respondent police

2. The learned counsel appearing for the petitioner would submit that since the petitioner went to Kerala, he was not able to appear before the 1st Additional Sessions Court, Madurai in respect of the case in S.C.No.399 of 2017 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

3. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the 1st Additional Sessions Court, Madurai 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 Sessions Judge is directed to consider the same on its own merits in accordance with law and pass orders on the same day. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14378 of 2019 4.

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

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) Aav To

1. The 1st Additional Sessions Judge, Madurai

2. The Inspector of Police Melavalavu Police Station Madurai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court.

+1 CC to Mr.K.S.SELVA GANESAN, Advocate SR-91770. Crl.O.P.(MD) No.14378 of 2019 14.10.2019 CS(16.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2