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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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https://www.mhc.tn.gov.in/judis

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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https://www.mhc.tn.gov.in/judis

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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https://www.mhc.tn.gov.in/judis

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