S.Mohanraj v. State Rep. by
Case brief
What is this about?
The petitioner sought recall of a warrant without physical presence. The accused had already surrendered and the warrant was recalled, rendering the petition infructuous. The petition was dismissed.
What did the court decide?
The petition was dismissed as infructuous.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.06.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
CRL.OP.No.9955 of 2016
S.Mohanraj ..Petitioner Vs. State Rep by The Inspector of Police, Tiruppur North Police Station, Tiruppur District. ..Respondent
Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned Judicial Magistrate-I, Udumalaipet, to consider the petition to be filed by the petitioner under Section 70[2] Cr.P.C. to recall the warrant without insisting the physical presence of the petitioner in C.C.No.218 of 2005 pending on his file.
For Petitioner : Mr.B.Nambiselvan
For Respondent : Mr.C.Emalias, Addl.Public Prosecutor O R D E R
This petition has been filed to direct the learned Judicial Magistrate-I, Udumalpet, to consider the petition to be filed by the petitioner u/s 70[2] Cr.P.C. to recall the warrant without insisting the physical presence of the petitioner in C.C.No.218 of 2005.
- It is seen that the accused has surrendered before the learned Judicial Magistrate-I, Udumalpet on 07.06.2016 and the warrant has been recalled. The accused is directed to furnish a bond u/s 88 Cr.P.C. for Rs.10,000/- with two sureties to the satisfaction of the Judicial Magistrate-I, Udumalpet.
Issues for consideration
1 issue framed by the court
Whether the criminal original petition seeking recall of warrant without physical presence is maintainable.
Parties & counsel
- petitioner
S.Mohanraj
- respondent
State Rep by The Inspector of Police, Tiruppur North Police Station, Tiruppur District
Coram
P.N.PRAKASH
Case details
As recorded by the court registry
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