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2018 Supreme(Mad) 182

M.S.RAMESH
Nemichand – Appellant
Versus
State rep. by the Inspector of Police, Chennai – Respondent


Advocates Appeared:
For the Petitioner: J.B. Solomon Peterkamaldoss
For the Respondent: P. Kritika Kamal

JUDGMENT :

1. This Criminal Original Petition has been filed to issue direction to the learned VIII Metropolitan Magistrate, George Town, Chennai, to consider the petition to recall the non-bailable warrant issued against the petitioner on 05.01.2018 in PRC. No. 109 of 2009.

2. This Court in an earlier occasion had elaborately dealt with the issue as to whether the High Court, exercising its inherent powers under Section 482 of the Code of Criminal Procedure, is empowered to quash or recall a Non-bailable Warrant when an alternate remedy under Section 70 (2) of the Code of Criminal Procedure empowers cancellation of the warrant by the court that had issued the warrant.

3. I had the occasion to deal with a batch of cases pertaining to circumstances for issuance/recall of warrants. After analysing the principles laid down in the various decisions of the Honourable Supreme Court and our High Court in detail, I had, in my order dated 07.09.2017 in Crl.O.P.No.13276 of 2017 etc., batch, held as follows:

“14. Similarly, in the case of Inder Mohan Goswami v. State of Uttaranchal [(2007) 12 SCC 1], the Hon’ble Supreme Court, has cautioned against the alacrity with which trial courts have issued



























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