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2002 Supreme(Mad) 1187

A.KULASEKARAN
Deivasigamani and Another – Appellant
Versus
The State rep. by the Inspector of Police, Central Crime Branch – Respondent


Advocates Appeared:For the Petitioners:Mr. K.S.Natarajan, Advocate. For the Respondent -1:Mr.A.N.Thambidurai, Govt. Advocate Crl.Side.

Judgment :-

Criminal Revision Petition is filed against the orders dated 23.08.2002 made in C.M.P.No.2509 of 2002 in C.C.No.218 of 1993 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai.15.

2. It is the case of the petitioner that on a complaint preferred by the defacto complainant, the respondent herein has registered a case in Crime No.736/1991 for alleged offence under Sections 420, 406 read with 34 I.P.C. against the petitioners and four others. The said case has been posted on 13.08.2002. On the date, the petitioners herein could not appear before the Court as they were employed in the Public Works Department of the Government of Tamil Nadu and were entrusted the work of removal of encroachment. Unfortunately, the abovesaid fact was not brought to the notice of the Trial Court. Hence, the Trial Court ordered Non-Bailable Warrant on that date against the petitioners. On 23.08.2002, the petitioners have filed a petition under Section 70(2) Cr.P.C. to recall the warrant.

3. Mr.K.S.Natarajan, learned Counsel appearing for the petitioners submitted as mentioned below:-

On 23.08.2002, the petitioners' Counsel was not present due to Advocates boycott, but the petitioners
















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