← Library
Madras High CourtCRL OP(MD)/17970/2019ordered

T. Sathyamoorthy v. The Inspector Of Police

2019-11-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.17970 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17970 of 2019 T.Sathyamoorthy ... Petitioner/Accused Vs 1.State rep. by The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District. ... Respondent Crime No.307 of 2012 2.C.Kumar ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Munsif cum Judicial Magistrate, Thiruppathur to consider the petitioner's application for recall the warrant to be filed by him in connection with C.C.No.138 of 2012 order dated 30.07.2019 on the file of the District Munsif cum Judicial Magistrate, Thirupatthur on the same day on merits.

For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.K.Suyambulinga Bharathi, G.A.( Crl. Side) for R1

O R D E R

This petition has been filed to direct the District Munsif cum Judicial Magistrate, Thiruppathur to consider the petitioner's application for recall the warrant to be filed by him in connection with C.C.No.138 of 2012 order dated 30.07.2019 on the file of the District Munsif cum Judicial Magistrate, Thirupatthur on the same day on merits.

2. The learned counsel appearing for the petitioner would submit that on 22.05.2017, due to illness, the petitioner was crippled to appear before the Court 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.17970 of 2019 District Munsif cum Judicial Magistrate, Thirupatthur 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 Judicial Magistrate is directed to consider the same on 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 () // True Copy // Sub Assistant Registrar(CS) Arul To

1. The District Munsif cum Judicial Magistrate, Thirupatthur

2. The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

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

+1 CC to Mr.C.M. ARUMUGAM, Advocate ( SR-102758[F] dated 29/11/2019 ) Order made in CRL.O.P (MD) No.17970 of 2019 29.11.2019 VB(12.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2