Madras High Court
CRL OP(MD)/24109/2016 of KATTURAJA Vs THE DEPUTY SUPERINTENDENT OF on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED : 29.12.2016 CORAM: THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.O.P.(MD)No.24109 of 2016 Katturaja ... Petitioner/Sole Accused Vs. 1. The Deputy Superintendent of Police, Devakottai, Sivagangai District. 2. The Inspector of Police, Devakottai Taluk Police
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 29.12.2016CORAM:
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
Crl.O.P.(MD)No.24109 of 2016
Katturaja...Petitioner/Sole AccusedVs.
1.The Deputy Superintendent of Police, Devakottai, Sivagangai District.
2.The Inspector of Police,
Devakottai Taluk Police Station,Sivagangai District. (Crime No.39 of 2008)...Respondents/Complainant PRAYER: Petition is filed under Section 482 of the Code ofCriminal Procedure, to direct the learned Sessions Judge cumP.C.R. Court, Sivagangai to accept the surrender of thepetitioner and to consider the recall warrant petition filedunder Section 70(2) of Cr.P.C.on the same day in S.C.No.246 of2009.
For Petitioner : Mr.S.M.SanjayFor Respondents: Mr.P.Kandasamy, Government Advocate (Crl. Side)
O R D E R
The petitioner has come forward with the present CriminalOriginal petition to direct the learned Sessions Judge cumP.C.R. Court, Sivagnagai to accept the surrender of thepetitioner and to consider the recall warrant petition filedunder Section 70(2) of Cr.P.C.on the same day in S.C.No.246 of2009.
2. Heard the learned counsel for the petitioner and thelearned Government Advocate (Crl.side) appearing for therespondent.
3. Learned counsel for the petitioner submits that thepetitioner could not appear before the trial Court on 21.08.2015and therefore, a Non Bailable Warrant was issued by the learnedMagistrate against the petitioner. Learned counsel for thepetitioner further submits that the petitioner undertakes toappear before the Court concerned.
4. Considering the submissions made by the learned counselhttps://hcservices.ecourts.gov.in/hcservices/for the petitioner, the petitioner is directed to appear beforethe learned Sessions Judge cum P.C.R.Court, Sivagangai, within ten days from the date of receipt of a copy of this order andalso to file an application under Section 70(2) of Cr.P.C, torecall the warrant and if so moved, the Sessions Judge cumP.C.R.Court, Sivagangai is directed to consider the same onmerits on the very same day and pass necessary orders.
5. With the above observation, this Criminal OriginalPetition is closed.
Sd/-Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
1. The Sessions Judge cum P.C.R.Court, Sivagangai.
2. The Deputy Superintendent of Police, Devakottai, Sivagangai District. Devakottai, Sivagangai District.
3. The Inspector of Police, Devakottai Taluk Police Station,Sivagangai District.Devakottai Taluk Police Station,Sivagangai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.M.Sanjay, Advocate in SR No.83726
Crl.O.P.(MD)No.24109 of 2016
nbj
anr/ss3/sar3/05.01.2017/2p/6c