ORDER

When the case came up for hearing on previous occasion on 24.06.2022, Thiru.R.Sankarasubbu the Learned Counsel for the Petitioner submitted that in FIR registered in Crime No.293 of 2021 on the file of the Inspector of Police, Marimalai Nagar, Police Station, the name of the Petitioner was not at all found. In the same case, after completion of the investigation, when the final report was laid before the Learned Judicial Magistrate No.II, Chengalpattu, the name of the Petitioner herein had been arrayed as Accused No.12 and shown as absconding Accused. Hence, the Respondent Police searched for him. Therefore, the Petitioner approached this Court seeking a direction to the Learned Judicial Magistrate No.II, Chengalpattu who is expected to issue summons at the stage of taking cognizance. If the Accused fail to appear, only then warrant can be issued.

2. The Learned Government Advocate (Criminal Side) was already heard.

Since the submissions of the Learned Counsel for the Petitioner that warrant was issued by the learned Judicial Magistrate, Chengalpattu is found against the circular of the Hon'ble High Court, by the Judicial officers to provide remarks. This Court had sought for remarks from the Learned Judicial Magistrate No.II, Chengalpattu regarding clarification whether warrant was issued against the Petitioner, instead of summons while taking cognizance of the offence alleged in the final report of the investigation. Therefore, the case was adjourned to 04.07.2022 seeking remarks from the Learned Judicial Magistrate No.II, Chengalpattu.

3. When the case came up for hearing on 04.07.2022, the Learned Judicial Magistrate No.II, Chengalpattu had offered his remarks. As per his remarks, He had taken charge on 22.06.2022 and on perusal of the case records pertaining to PRC.No.94 of 2021, her predecessor had taken cognizance against the Accused 1 to

13 in PRC.No.94 of 2021.

4. The Learned Government Advocate (Criminal Side) submitted that there are 16 Accused. The Petitioner before this Court in Criminal Original Petition No.20665 of 2021 is arrayed as A15. The Learned Judicial Magistrate No.II, Chengalpattu further submitted that the case is pending at the stage of issuance of summons to Accused and no Non Bailable warrant had been issued against any of the Accused.

5. It is submitted by the Learned Government Advocate (Criminal Side) that the petitioner is not in India at present. Since the learned Judicial Magistrate No.II, Chegalpattu stated that Non Bailable Warrant had not been issued, the Petitioner is directed to cooperate with the Court till completion of the trial as per the ruling of the Hon'ble Supreme Court, P.K.Shaji Vs. State of Kerala.

6. With the above direction this Criminal Original Petition is closed.

04.07.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order jai To

1.The State, rep. by Inspector of Police, Maraimalainagar Police Station, Chengleput District.

(Crime No.293 of 2021)

SATHI KUMAR SUKUMARA KURUP, J.

jai Crl.O.P.No.20665 of 2021

04.07.2022