S.P.Chidambaram vs The Inspector Of Police on 31 October, 2019

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Madras High Court

S.P.Chidambaram vs The Inspector Of Police on 31 October, 2019

Bench: G.K.Ilanthiraiyan

                                                        1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 31.10.2019

                                                    CORAM:

                              THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                          Crl.O.P(MD).No.15726 of 2019

                S.P.Chidambaram                                              ... Petitioner
                                                       Vs.
                The Inspector of Police
                Arumanai Police Station
                Kanyakumari District
                Crime No. 287 of 2001                                      ... Respondent


                Prayer: Criminal Original Petition filed under section 482 of Criminal
                Procedure Code, to set aside the order passed in Cr.MP.No 4782 of 2019 in
                C.C. NO. 247 of 2017 dated 11.10.2019 on the file of the Judicial Magistrate
                No.I, Kuzhithurai and direct the learned JM NO.I, Kuzhithuri to recall the Non-
                Bailable Warrant issued against the petitioner on 28.08.2018 without insisting
                the personal appearance of the petitioner.


                          For Petitioner       : Mr.S.R.A.Ramachandran
                          For Respondent      : Mr.K.Suyambulinga Bharathi
                                                 Government Advocate(Crl.Side)

                                                   ORDER

This Criminal Original petition has been filed to set aside the order passed in Cr.MP.No 4782 of 2019 in C.C. NO. 247 of 2017 dated 11.10.2019 on the file of the Judicial Magistrate No.I, Kuzhithurai and direct the learned Judicial Magistrate No.I, Kuzhithuri to recall the Non- Bailable Warrant issued http://www.judis.nic.in against the petitioner on 28.08.2018 without insisting the personal 2 appearance of the petitioner

2. It is seen that the petitioner was charged for the offences under Sections 342,325 and 218 of IPC. Due to the absence of the petitioner, the learned Magistrate has issued Non Bailable warrant against the petitioner and the same is also pending. But the trial court after careful examination dismissed the petition on the ground that though sufficient opportunity given to the petitioner, he did not cross examine the witnesses and only to drag on the proceedings he has filed the petition.

3. Hence this Court finds no infirmity or illegality in the order passed by the Court below.

4. In the result, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to appear before the trial court to recall the warrant. 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.


                                                                     31.10.2019

                Internet : Yes / No
                Index     : Yes / No
                Speaking / Non Speaking order
                aav
http://www.judis.nic.in
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                To;

1. The Judicial Magistrate No.I, Kuzhithuri

2. The Inspector of Police Arumanai Police Station Kanyakumari District

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

http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.

aav Crl.O.P(MD) No. 15726 of 2019 31.10.2019 http://www.judis.nic.in

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