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2025 Supreme(Online)(Mad) 25480

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Kulshar – Appellant
Versus
The State rep by The Inspector of Police, CCB LFIW, Vepery, Chennai 600007 – Respondent
Crl.R.C.No.597 of 2025|Crl.M.P.No.9896 of 2025|C.C.No.1486 of 2024



Advocates:
For the Appellants/Petitioners: Mr.R.Johnsathyan, Mr.K.Selvaraj
For the Respondents: Mr.A.Gopinath

A pending Non-Bailable Warrant against a petitioner precludes relief in a criminal revision.

Headnote:Criminal Revision case filed under Section 438 and Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to challenge the order dismissing the petitioner's discharge application. The court found that the pending Non-Bailable Warrant against the petitioner precluded any relief. The primary issue framed was the entitlement to relief given the pending warrant. The court ruled that pending warrants invalidate the motion for discharge.

Table of Content
1. the case seeks to set aside a discharge order. (Para 1)
2. pending warrants influence eligibility for relief. (Para 2)
3. the court's dismissal order made improves clarity. (Para 3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.597 of 2025 and Crl.M.P.No.9896 of 2025 Kulshar ... Petitioner Vs.

The State rep by The Inspector of Police, CCB LFIW, Vepery, Chennai 600007.

(X Crime No.184/2022) ... Respondent PRAYER: Criminal Revision case has been filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to set aside the order dated 21.12.2024 passed in Crl.M.P.No.47118 of 2024 in C.C.No.1486 of 2024, on the file of the Court of Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases to Chennai) and CBCID Metro Cases, Egmore, Chennai, discharge the Petitioner/A-5 in C.C.No.1486/2024.

For Petitioner : Mr.R.Johnsathyan, Senior Counsel for Mr.K.Selvaraj For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision case has been filed to set aside the order dated

21.12.2024 passed in Crl.M.P.No.47118 of 2024 in C.C.No.1486 of 2024, on the file of the Court of Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases to Chennai) and CBCID Metro Cases, Egmore, Chennai, discharge the Petitioner/A-5 in C.C.No.1486 of 2024.

2. The learned Government Advocate (Crl.side) would submit that already the Non-Bailable Warrant is pending as against the petitioner because of his absence before the Trial Court.

3. In view of the above submission, pending Non-Bailable Warrant, the petitioner is not entitled for any relief.

4. Accordingly, this Criminal Revision case stands dismissed.

Consequently, connected Miscellaneous petition is closed.

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