The High Court dismissed this Criminal Original Petition as infructuous. The petitioner sought a direction to recall a warrant without physical presence. However, the court noted the accused had surrendered on 07.06.2016 and the warrant was already recalled.
The petition is dismissed as infructuous following the recall of the warrant upon surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.06.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
CRL.OP.No.9956 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.219 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.219 of 2005.
gya
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The Judicial Magistrate-I, Udumalpet.
2. -do- thro'The Chief Judicial Magistrate, Tiruppur.
3. The Inspector of Police,
Tiruppur North Police Station,
Tiruppur District.
4. The Public Prosecutor, High Court, Madras.
KR/24/6/16
CRL.OP.No.9956 of 2016
2 issues framed by the court
Whether the petition to recall a warrant without insisting on physical presence is maintainable after the accused has already surrendered and the warrant has been recalled.
Whether to direct the Judicial Magistrate to consider a petition to recall a warrant when the matter has become infructuous.
2 provisions across 1 enactments
S. Mohanraj
State represented by the Inspector of Police, Tiruppur North Police Station
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
