CRL OP/34623/2019 of BADUGU BALARAM Vs STATE BY on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl.O.P.No.34623 of 2019

Badugu BalaramS/o.Late Pentayya

.. Petitioner/Petitioner/Accused

versus

State represented byInspector of Police,Central Bureau of Investigation,Special Crimes Branch,Chennai - 90.(RC-11(S) 2012-CBI/SCB/Chennai)

.. Respondent/Respondent/Complainant

Prayer: Criminal Original Petition u/s.482 Cr.P.C. praying torecall the non-bailable warrant issued on 30.10.2019 and pendingagainst him in C.C.No.35 of 2014 on the file of the learnedChief Judicial Magistrate, Puducherry.

Petitioner has filed the present revision seeking to recallthe non-bailable warrant issued on 30.10.2019 and pendingagainst him in C.C.No.35 of 2014 on the file of the learnedChief Judicial Magistrate, Puducherry.

2. Heard the learned counsel for the petitioner and thelearned Special Public Prosecutor (CBI cases) for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner was shown as one of the accused inC.C.No.35 of 2014 on the file of the learned Chief JudicialMagistrate, Puducherry. The petitioner was absent on thejudgment date. Therefore, non-bailable warrant came to be issuedagainst him. The petitioner has been convicted for offencesu/s.147, 148, 332, 324 r/w 149 IPC and Section 3 of Preventionof Damage to Public Property Act and sentenced to 2 years R.I.

4. As rightly pointed out by the learned Special PublicProsecutor, the petitioner will have to necessarily appearbefore the Court below and receive the judgment. Therefore, thepetitioner is permitted to appear before the Court below on22.01.2020 and apply for recall of warrant. The learned ChiefJudicial Magistrate will recall the warrant on the same day.After receiving the judgment, the petitioner has to file anappeal. Since the sentence of imprisonment imposed on thepetitioner is only 2 years R.I., it will remain suspended for aperiod of thirty days thereafter. It is for the petitioner tofile an appeal during this period.

5. The Criminal Original Petition is allowed on the aboveterms.

Sd/-

Deputy Registrar

//True Copy//

Vacation Officer

sri/gm

To