Madras High CourtCRL OP(MD)/15624/2024dismissed

Maruthupandi v. The Deputy Superintendent Of Police

2024-09-18Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Maruthupandi : Petitioner Vs.

1.State rep.by its The Deputy Superintendent of Police, Srivilliputhur Sub Division, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Mamsapuram Police Station, Virudhunagar District.

Crime No.62 of 2015.

3.Krishnaveni : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct Special Court for the Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District to consider the petition to recall non bailable warrant issued as against the petitioner on 02.04.2024 in Sp.S.C.No.27 of 2023 on the same day of surrender. For Petitioner : Mr.K.Prabhu For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 & R2.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 BNSS., seeking orders, to direct Special Court for the Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District to consider the petition to recall non bailable warrant issued as against the petitioner on 02.04.2024 in Sp.S.C.No.27 of 2023 on the same day of surrender.

2. It is not in dispute that since the petitioner has not appeared for the hearing before the trial Court, NBW came to be issued on 02.04.2024 and the same is pending.

3. Since the warrant is pending against the petitioner, he can very well appear before the concern Court and file a petition to recall the warrant. Hence, this Court is not inclined to give any direction in this petition.

4.In view of the above, this Criminal Original Petition is dismissed. 18.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 2/4

To 1.The Special Court for the Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District.

2. The Deputy Superintendent of Police, Srivilliputhur Sub Division, Srivilliputhur, Virudhunagar District.

3.The Inspector of Police, Mamsapuram Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 18.09.2024 4/4