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Madras High CourtCRL OP(MD)/14581/2019ordered

U.M. Maha Abirami @ M. Chitra Abirami v. The Inspector Of Police

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

CRL.O.P (MD) No.14581 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 14.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14581 of 2019 U.M.Maha Abirami @ M.Chitra Abirami ... Petitioners/A2 Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

Crime No.946/2009 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Judicial Magistrate No.1, Sivagangai to recall the warrant issued on 10.10.2019 pending against the petitioner/2nd Accused on the same day of filing the petition under Section 70(2) of Cr.P.C. in C.C.No.185 of 2009. For Petitioner : Mr.B.Natarajan For Respondents : Mr.R.Anandharaj, APP

O R D E R

This petition has been filed to to direct the Judicial Magistrate No.1, Sivagangai to recall the warrant issued on 10.10.2019 pending against the petitioner/2nd Accused on the same day of filing the petition under Section 70(2) of Cr.P.C. in C.C.No.185 of 2009.

2. The learned counsel appearing for the petitioner would submit that on 10.10.2019, since the petitioner gone to Chennai for official duty, she was not able to appear before the learned Judicial Magistrate No.1, Sivagangai in respect of the case in C.C.No.185 of 2009 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 Judicial Magistrate No.1, Sivagangai 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.14581 of 2019 his 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 (CO) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Judicial Magistrate No.1, Sivagangai.

2.The Chief Judicial Magistrate, Sivagangai

3. The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

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

+1 CC to M/s.B.NATARAJAN, Advocate ( SR-91789[F] dated 14/10/2019 ) Order made in CRL.O.P (MD) No.14581 of 2019 14.10.2019 KM/(15.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2