The High Court directed the petitioner to appear before the Magistrate and file a petition under Section 70(2) Cr.P.C. to recall a Non-Bailable Warrant. The petition was disposed without adjudicating on the merits of the recall.
Petitioner directed to appear before Magistrate and file petition under Section 70(2) Cr.P.C. to recall NBW.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.02.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.2977 of 2019
1.P.R.Marimuthu
2.M.Manikandan .. Petitioner
Vs M/s.Gokulakannan Chits, Tamil Nadu Private Ltd, Rep by its, Authorized Person/Foreman, Mr.R.Balakrishnan .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate Fast Track No.1, Coimbatore to consider the petitioner to recall the NBW in C.C.No.63 of 2017 in appearance of the petitioner on or before 02.04.2019.
For Petitioner : Mr.B.Nedunchezhiyan
This Criminal Original petition has been filed to direct the Judicial Magistrate Fast Track No.1, Coimbatore to consider the petition filed by the petitioner to recall the Non Bailable Warrant, which was issued on 30.10.2018 in C.C.No.63 of 2017 on the same day of surrender.
for the petitioner, the petitioner is directed to appear before the Judicial Magsitrate Fast Track No.1, Coimbatore on the next hearing and to file a petition under Section 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
jas/uma
To
The Judicial Magistrate,
Fast Track No.1,
Coimbatore.
+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No. 9652
Crl.O.P.No.2977 of 2019
VSN II(CO)
GN(06/03/2019)
1 issue framed by the court
Whether the High Court can direct the Magistrate to recall a Non-Bailable Warrant issued due to illness and formation of an undertaking.
2 provisions across 1 enactments
P.R.Marimuthu
M.Manikandan
M/s.Gokulakannan Chits, Tamil Nadu Private Ltd
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
