Disposed

Karthick Prakash v. The Inspector of Police

Madras HC23 Mar 2020CRL OP(MD)/5095/2020

Case brief

AI extract

What is this about?

Petitioner filed a Criminal Original Petition seeking recall of a non-bailable warrant pending with the Chief Judicial Magistrate. Court directed the Magistrate to consider a Section 70(2) petition on merits and pass orders on the same day.

What did the court decide?

Directed petitioner to file Section 70(2) Cr.P.C. petition and directed Magistrate to consider it on merits and pass orders same day.

Karthick Prakash Vs The Inspector of Police — Civil Procedure and Limitation | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.03.2020

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P(MD).No.5095 of 2020

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Karthick Prakash ... Petitioner/1^st Accused

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Vs.

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The Inspector of Police, Town Police Station, Bodi, Theni District. (Cr.No.493/2013) ... Respondent/Investigating Agency

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Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the learned Chief Judicial Magistrate, Theni to consider and to pass orders on the same day of the petition filed under Section 70(2) Cr.P.C., to recall the nonbailable warrant dated 06.05.2016 issued against the petitioner/1^st accused in S.C.No.150/2015, pending on the file of the learned Chief Judicial Magistrate, Theni.

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For Petitioner : Mr.S.Sukumar

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For Respondent : Mrs. S.Bharathi Government Advocate(Crl.Side)

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O R D E R

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This Criminal Original petition has been filed to direct the learned Chief Judicial Magistrate, Theni to consider and to pass orders on the same day of the petition filed under Section 70(2) Cr.P.C., to recall the non-bailable warrant dated 06.05.2016 issued against the petitioner/1^st accused in S.C.No.150/2015, pending on the file of the learned Chief Judicial Magistrate, Theni.

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The learned counsel appearing for the petitioner would submit that the petitioner is working as a daily wager in Tirupur and he has not known about the Non-Bailable Warrant issued against him on 06.05.2016 in connection with the case in S.C.No.150 of 2015, on the file of the learned Chief Judicial Magistrate, Theni. He https://hcservices.ecourts.gov.in/hcservices/ would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

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Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Chief Judicial Magistrate, Theni, 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.

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With the above direction, this Criminal Original Petition is disposed of.

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Assistant Registrar ()

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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SSL

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To;

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The Chief Judicial Magistrate, Theni

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The Inspector of Police, Town Police Station, Bodi,Theni District.

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The Additional Public Prosecutor

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Madurai Bench of Madras High Court.

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Crl.O.P(MD) No. 5095 of 2020

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DATED : 23.03.2020

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SS/13.05.2020/2P-4C

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

Karthick Prakash v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Karthick Prakash v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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