The prayer in the present petition is to to call for the records in STC.No. 140 of 2017 on the file of the learned Judicial Magistrate No.1, Cuddalore, dated 29.06.2017 and quash the same.
2. Heard both sides.
3. The petitioner who is the Inspector of Police was present before the learned Judicial Magistrate No.I, Cuddalore on 25.05.2017 for the purpose of letting in evidence. According to the learned counsel for the petitioner, when he was waiting inside the court hall, he had received an information from the Chidambaram Police Station that the office of the Assistant Superintendent of Police requires an immediate security arrangement plan for the visit of the Hon'ble The Chief Justice of Madras High Court on 29.05.2017. In this regard, the petitioner had left the Court hall after informing the learned Assistant Public Prosecutor. Subsequently on 12.06.2017, he came to know that a bailable warrant has been issued against him by the learned Magistrate and when the Assistant Public Prosecutor had filed a petition to recall the warrant along with his explanation, the learned Magistrate had imposed condition that the petitioner must give an apology letter. Accordingly, the petitioner had also given an apology letter. However on 29.06.2017, the learned Magistrate had taken suo-motu cognizance of the incident and issued a show cause notice to the petitioner under
Section 350 Cr.PC. Challenging the same, the present petition has been filed.
4. It is seen that though the petitioner had tendered his apology and the warrant was also recalled, there is no necessity to the learned Magistrate to precipitate the matter and issue a show cause notice. Further more, the petitioner has given an explanation as to why he could not be present before the Court on a particular day. Apart from that, the petitioner had also informed the Assistant Public Prosecutor about his necessity to leave the Court hall on that particular day. In this background, I am of the view that the learned Judicial Magistrate No.I, Cuddalore need not proceed further on the show cause notice dated 29.06.2017, explanation offered and the apology tendered by the petitioner.
M.S.RAMESH. J., ak/rts
5. Consequently, the show cause notice dated 29.06.2017 issued in STC No. 140 of 2017 on the file of the learned Judicial Magistrate No.I,Cuddalore is quashed. The criminal original petition stands allowed.
Consequently, the connected Miscellaneous Petitions are also closed.
21.09.2017 Index: Yes/No Internet: Yes/No ak/rts To
1. The learned Judicial Magistrate No.1, Cuddalore.
2. The learned Judicial Magistrate No.II, Panruti.
3. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.14487 of 2017