Back
A. D. JAGADISH CHANDIRA
State Rep by The Deputy Superintendent of Police, Chennai – Appellant
Versus
A. Sivakumar – Respondent
JUDGMENT
(Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to set-aside the order passed by the Metropolitan Magistrate, Special Trial Court for CCB & CBCID, Egmore Chennai – 08 in unnumbered Crl.M.P., dt.01.02.2022 and to issue a direction to the Learned Metropolitan Magistrate, Special Trial Court for CCB & CBCID, Egmore, Chennai-08 to issue a Non-Bailable Warrants against the absconding accused A5-Sivakumar, A6-Pandiyarajan and A10-Saravanan.)
1. The Criminal Original Petition has been filed to set aside the order passed by the learned Metropolitan Magistrate, Special Trial Court for CCB & CBCID, Egmore, Chennai dismissing the petition to issue Non- Bailable Warrants and issue a direction to the learned Metropolitan Magistrate, Special Trial Court for CCB & CBCID, Egmore, Chennai to issue a Non-Bailable Warrant arrest against the absconding accused A5/Sivakumar, A6/Pandiyarajan and A10/Saravanan.
2. Learned Additional Public Prosecutor appearing for the petitioner would submit that the petitioner is the Deputy Superintendent of Police, Metro Wing – I, Crime Branch CID, Egmore, Chennai. Based on the complaint given by one R.Rajesh a case in C
The central legal point established in the judgment is the interpretation and application of Section 73 of Cr.P.C., which empowers the Magistrate to issue a warrant during the investigation, particul....
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
Issuance of Non-bailable warrant – Not justifie – Accuse not given requisite desired answers to Investigating Agency, can be no ground per se for issuance of non-bailable warrants
The court upheld the legality of the orders for non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. based on the petitioner evading arrest and living out of the jurisdiction o....
The court may uphold non-bailable warrant and proclamation orders if satisfied that the accused is evading arrest and living out of the jurisdiction of the police station.
The main legal point established in the judgment is the discretion of the Magistrate to issue arrest warrants during the investigation and the duty to monitor the investigation to ensure fair trial a....
The issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
