Madras High CourtCRL OP(MD)/21262/2018closed

B. Mohan v. The Inspector Of Police

2020-09-18Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.21262 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.21262 of 2018 and Crl.M.P.(MD).Nos.3322 & 3323 of 2018 B.Mohan ... Petitioner Vs.

1.State represented by the Inspector of Police, Karimedu Police Station, Madurai.

2.S.Sethuramam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate No.II, Fast Track Court (Magistrate Level), Madurai, to accept the petitioner surrender in the name of B.Mohan and consequently to direct the learned Judicial Magistrate No.II, Fast Track Court (Magistrate Level), Madurai, to consider the petitioner's application file under Section 70(2) of Cr.P.C. on the same day in connection with S.T.C.No.369 of 2012.

For Petitioner : Mr.A.Banumathy For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to direct the learned Judicial Magistrate No.II, Fast Track Court (Magistrate Level), Madurai, to accept the surrender of the petitioner and consequently to direct the learned Judicial Magistrate No.II, Fast Track Court (Magistrate Level), Madurai, to consider the petitioner's application has to be filed under Section 70(2) of Cr.P.C. on the same day in connection with S.T.C.No.369 of 2012.

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Crl.O.P.(MD)No.21262 of 2018 2.Today, when the petition is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent, on instructions, would submit that in respect of the prayer sought for by the petitioner in this application, as of now, no Non-Bailable-Warrant is pending against the petitioner on the file of the first respondent. The above said submission made by the learned Government Advocate (Criminal side) is recorded. 3.In the said circumstances, in the absence of any NonBailable-Warrant, the prayer sought for by the petitioner in this application cannot be entertained. Therefore, nothing survives for further adjudication in this Criminal Original Petition and the same stands closed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Karimedu Police Station, Madurai.

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

Order made in Crl.O.P.[MD]No.21262 of 2018 Dated: 18.09.2020 tsg SDS (29.09.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2