IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.10965 of 2017 B.Sasthri Babu ... Petitioner Vs
1. V.Umapathy
2. The State rep. by its Inspector of Police, Poonamallee Police Station, Tiruvallur District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Fast Track Judge Magistrate Level at Poonamallee to recall the non-bailable warrant issued against the accused in STC No.160 of 2016 pending on the file of the learned Fast Track Judge Magistrate Level at Poonamallee from 11.05.2017 on filing the application under section 70(2) Cr.P.C by the petitioner through his counsel without his personal appearance.
For Petitioner : Mr.M.Ravi Kumar For R2 : Mr.C.Emalias, APP ORDER The present criminal original petition has been filed to direct the learned Fast Track Judge, Magistrate Level, Poonamallee to recall the non-bailable warrant issued against the petitioner in STC No.160 of 2016 pending on his file, on filing the application under section 70(2) Cr.P.C by the petitioner.
2. According to the petitioner, he is facing trial for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act in STC No.160 of 2016 on the file of the learned Fast Track Judge Magistrate Level at Poonamallee. Due to non-appearance of the petitioner before the trial court, a non-bailable warrant came to be issued against him on 11.05.2017. Hence, this Criminal Original Petition.
3. Learned counsel for the petitioner submitted that due to ill-health, the petitioner could not appear before the trial court on 11.05.2017 and hence, his non-appearance is neither wilful nor wanton.
4. I have also heard the learned Additional Public Prosecutor, who took notice for the second respondent.
5. Considering the facts and circumstances of the case and also taking note of the submissions made on either side, this Court directs the petitioner to appear before the learned Fast Track Judge, Magistrate Level, Poonamallee on 23.06.2017 and file an application under Section 70(2) Cr.P.C to re-call the warrant issued against him in STC No.160 of 2016 and on filing of such application, the learned Magistrate shall consider the same and pass appropriate orders on the same day.
6. Accordingly, this Criminal Original Petition is disposed of.
13.06.2017 Index:Yes/No rk NOTE: ISSUE ON 19.06.2017 To
1. Fast Track Judge Magistrate Level, Poonamallee.
2. The Inspector of Police, Poonamallee Police Station, Tiruvallur District.
3. The Public Prosecutor, High Court, Madras – 104.
R.MAHADEVAN, J.
rk Crl.O.P.No.10965 of 2017 DATED: 13.06.2017 http://www.judis.nic.in