This Criminal Original Petition has been filed to issue direction to the learned Judicial Magistrate, Gudiyatham to entertain the recall petition in C.C.No.303/2015.

2. This Court in an earlier occasion had elaborately dealt with the issue as to whether the High Court, exercising its inhereint 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 NBWs and issued detailed guidelines to be followed by trial courts when issuing NBWs which is as fol