2023 Supreme(Online)(Mad) 104197
MADRAS HIGH COURT
SIVAMANI – Appellant
Versus
THE STATE REP BY ITS, – Respondent
CRL OP/29825/2022
Crl.O.P.No.29825 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2023
CORAM
THE HON'BLE Mr.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.29825 of 2022
Sivamani
... Petitioner
-Vs.-
State by
The Inspector of Police,
Vellore Taluk Police Station,
Vellore District.
Crime No.573 of 2012
.. Respondents
Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to recall the non-bailable warrant issued against the
petitioner in S.C.No.143 of 2017 dated 29.09.2022 pending on the file of
the Chief Judicial Magistrate, Vellore.
For Petitioner
:Mr.D.Thirumoorthy,
for Ms.S.P.Arthi
For Respondents
:Mr.S.Santhosh,
Government Advocate (Criminal side)
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Crl.O.P.No.29825 of 2022
ORDER
This Criminal Original Petition has been filed to recall the non-
bailable warrant issued against the petitioner in S.C.No.143 of 2017
dated 29.09.2022 pending on the file of the Chief Judicial Magistrate,
Vellore.
2. The learned counsel for the petitioner submitted that the
petitioner was absent only on 29.09.2022 and therefore non-bailable
warrant was ordered against him. It appears that the petitioner has
straight away came to this Court seeking re-call of non-bailable warrant,
without approaching the trial Court.
3. In view of the above, this Criminal Original Petition is disposed
of with a direction to the petitioner to file an appropriate petition before
the learned Chief Judicial Magistrate, Vellore for recall of non-bailable
warrant. On filing of such petition, the learned Chief Judicial Magistrate,
Vellore is directed to consider the petition on merits on the same day and
pass appropriate orders on merits and in accordance with law.
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Crl.O.P.No.29825 of 2022
4. With the above directions, this Criminal Original Petition is
disposed of.
19.01.2023
Speaking/Non-speaking order
Index: Yes/No
Internet : Yes/No
nsa
To
1.The Chief Judicial Magistrate,
Vellore.
2.The Inspector of Police,
Vellore Taluk Police Station,
Vellore District.
Crime No.573 of 2012
3.The Public Prosecutor,
High Court, Madras.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.29825 of 2022
G.CHANDRASEKHARAN.J.,
nsa
Crl.O.P.No.29825 of 2022
19.01.2023
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