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2023 Supreme(Online)(Mad) 94537

MADRAS HIGH COURT
U.THIYAGARAJAN – Appellant
Versus
STATE REP BY – Respondent
CRL OP/1345/2023



Crl.O.P.No.1345 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

Crl.O.P.No.1345 of 2023

U.Thiyagarajan

... Petitioner

Vs.

1.The State represented by

the Inspector of Police,

Arcot Police Station,

Ranipet District.

2.Hemalatha

3.Minor T.Mahalakshmi,

(represented by 2nd respondent)

... Respondents

PRAYER

: This Criminal Original Petition filed under Section 482 of Cr.P.C.,

to recall the Non Bail Warrant issued against the petitioner in Crl.M.P.No.717

of 2021 dated 29.03.2022 by the IV Additional Principal Judge, Chennai.

For Petitioner : Mr.K.Gandhi Kumar

For R-1

: Mr.S.Santhosh

Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition is filed to recall the Non Bail Warrant

issued against the petitioner in Crl.M.P.No.717 of 2021 dated 29.03.2022 by

the learned IV Additional Principal Judge, Chennai.

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

Crl.O.P.No.1345 of 2023

2. It appears that petitioner has directly approached this Court for recall

of non-bailable warrant, which is not permissible. Therefore, this Criminal

Original Petition is dismissed, giving liberty to petitioner to approach the

learned IV Additional Principal Judge, Chennai, for recall of non-bailable

warrant within a period of two weeks from the date of receipt of a copy of this

order. On such filing of the petition, the learned IV Additional Principal Judge,

Chennai is directed to dispose of the recall petition on merits and in accordance

with law on the same date, taking into consideration that it is a case filed under

Section 125(3) of Cr.P.C. Till then, the protection granted against the execution

of non-bailable warrant is ordered to be continued.

3. With the above directions, this Criminal Original Petition is dismissed.

23.01.2023

gd

Index:Yes/No

Speaking/Non speaking order

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

Crl.O.P.No.1345 of 2023

To

1.The IV Additional Principal Judge, Chennai.

2.The Inspector of Police,

Arcot Police Station,

Ranipet District.

3.The Public Prosecutor,

High Court of Madras.

3/4

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

Crl.O.P.No.1345 of 2023

G.CHANDRASEKHARAN.J.,

gd

Crl.O.P.No.1345 of 2023

23.01.2023

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

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