Madras High CourtCRL OP(MD)/18690/2019disposed of

Kamalesh Kumar Sinha v. M/S.Redington (India ) Ltd

2019-12-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.18690 of 2019 Kamalesh Kumar Sinha

...Petitioner

Vs.

M/s.Redington(India) Ltd Rep. by Mr.Barani Yadav Legal Executive C-48B First Floor 11th Cross Street, Thillai Nagar Trichy- 620018

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to set aside the order passed by the learned Judicial Magistrate No.IV, Tiruchirapalli at 19.10.2019 in Cr. M.P.9536 of 2019 in S.T.C No.740 of 2018 and pleased to direct the lower court pass order on the warrant recall petition without insisting the appearance of the petitioner.

For Petitioner : Mr.R.S.Sivaram For Respondent : Mr.Selvanayagam

ORDER

This petition has been filed seeking direction to to set aside the order passed by the learned Judicial Magistrate No.IV, Tiruchirapalli on 19.10.2019 in Cr. M.P.9536 of 2019 in S.T.C No.740 of 2018 and pleased to direct the lower court pass order on the warrant recall petition without insisting the appearance of the petitioner.

2. The learned counsel for the petitioner would submit that without any summons being served on him, the trial court has issued bailable warrant against him. He would also submit that the petitioner is not aware of the warrant and he is ready to appear the trial court on 03.01.2020.

3. The learned counsel for the respondent would submit that petitioner is not appearing before the trial court even after receipt of summons.

4. In view of the same, the order passed by the learned Judicial Magistrate No.IV, Tiruchirapalli on 19.10.2019 in Cr. M.P.9536 of 2019 in S.T.C No.740 of 2018 is set aside and the petitioner is directed to appear before the trial court on https://hcservices.ecourts.gov.in/hcservices/ 1/2

03.01.2020. Further the trial court is directed to complete the trial within a period of six months from 03.01.2020.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) aav To The Judicial Magistrate No.IV, Tiruchirapalli +1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-104840[F] dated 13/12/2019 ) +1 CC to M/s.M/S.R.S.SIVARAM, Advocate ( SR-105076[F] dated 16/12/2019 ) Crl.O.P.(MD) No.18690 of 2019 13.12.2019 KG(CO) TR(17.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2