This Criminal Original Petition has been filed to set aside the endorsement dated 10.01.2017 and to direct the learned Judicial Magistrate-1, Kancheepuram to consider the petition filed by the petitioner under Section 70(2) Cr.PC to recall the warrant without insisting the presence of the petitioner in C.C.No.4 of 2011 pending on his file.
2. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
3. It is seen that earlier the petitioner has filed a petition in Crl.O.P.No.3430 of 2011 before this Court and this Court by order dated 14.02.2011, stayed all further proceedings in C.C.No.4 of 2011 and also dispensed with the personal appearance of the petitioner and the said order is still in force. Considering this aspect and the facts and circumstances of the case, the petitioner is directed to appear before the Judicial Magistrate-1, Kancheepuram, within a period of one week from the date of receipt of a copy of this order. On such appearance, the petition filed by the petitioner to recall the warrant, shall be considered and orders be passed by the learned Magistrate on the same day, on merits.
4. The Criminal Original Petition is disposed of accordingly.
Index : Yes/No 30.01.2017 Internet : Yes/No KM Note to the Registry: Issue order copy on 01.02.2017.
To
1. The Sub-Inspector of Police, Vishnu Kanchi Police Station, Kancheepuram.
2. The Judicial Magistrate-1, Kancheepuram.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.1700 of 2017 30.01.2017 http://www.judis.nic.in