Madras High CourtCRL OP(MD)/16547/2019disposed of

Abasali v. The Inspector Of Police

2019-11-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P (MD) No.16547 of 2019 and Crl.M.P(MD) No.9823 of 2019 Abasali .. Petitioner/Accused No.9 Vs The State Rep. by The Inspector of Police Lalapet Police Station Karur District ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the dismissal of warrnat recall petition under Section 70(2) and set aside the order passed in Cr.M.P.No.4158 of 2019 dated 14.10.2019 on the file of the learned Judicial Magistrate No.I, Kulithalai in PRC No.2 of 2014 and direct the learned Judicial Magistrate No.I, Kulithalai For Petitioner : Mr.A.K.Alagarsamy For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This Criminal Original petition has been filed to to call for the records relating to the dismissal of warrnat recall petition under Section 70(2) and set aside the order passed in Cr.M.P.No.4158 of 2019 dated 14.10.2019 on the file of the learned Judicial Magistrate No.I, Kulithalai in PRC No.2 of 2014

2. The learned counsel appearing for the petitioner would submit that since the petitioner's wife was suffering from illness he could not able to appear before the learned Judicial Magistrate No.I, Kulithalai in respect of the case in PRC No. 2 of 2014 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 learned Judicial Magistrate No.I, Kulithalai on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW https://hcservices.ecourts.gov.in/hcservices/

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. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No.I, Kulithalai

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

+1CC TO MR.A.K.AZAGARSAMI, Advocate Sr. No. 97833 Crl.O.P (MD) No.16547 of 2019 13.11.2019 NA(CO) TR(26.11.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/