Petitioner sought recall of an earlier order directing withdrawal of a Lookout Circular against an accused who had filed an affidavit to cooperate with trial. The court held non-cooperation at trial is not a ground for recall and dismissed the petition, leaving liberty to seek appropriate proceedings before the trial court.
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Crl.M.P(MD)No.18380 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.M.P(MD)No.18380 of 2025 in
CRL.O.P(MD) No.16022 of 2024
A.Syed Ali Fathima
: Petitioner
Vs.
4.M.Muhamed Yazar : Respondents
Prayer : This Criminal Miscellaneous Petition is filed under Section 528 of B.N.S.S., to recall the order passed by this Court in Crl.O.P. (MD)No.16022 of 2024, dated 24.09.2024.
For Petitioner : Mr.P.Gunasekaran,
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For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)
for R1 & R2.
: Mr.S.Selva Krishnan, Central Government Standing Counsel, for R3.
: Mr.A.K.Manikkam, for R4.
ORDER
The Criminal Miscellaneous Petition has been filed seeking orders to recall the order passed in Crl.O.P(MD)No.16022 of 2024, dated 24.09.2024.
2.The fourth respondent filed a petition in Crl.O.P(MD)No.16022 of 2024,
seeking direction to the Superintendent of Police, Ramanathapuram District, to withdraw the Lookout Circular issued against the petitioner therein in connection with Crime No.8 of 2024 on the file of the third respondent therein, which was taken cognizance in C.C.No.136 of 2024 on the file of the Additional Mahila Court, Ramanathapuram. This Court considering the submission made by the learned Additional Public Prosecutor that the third respondent therein/Inspector of Police, Keelakarai All Women Police Station, Ramanathapuram District sent a requisition to the Superintendent of Police, Ramanathapuram District to issue
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Lookout Circular, but the case was not taken on file at that time and that the petitioner was not declared as absconding accused or that NBW was pending against him at that time and taking note of the submission made on behalf of the complainant, this Court directed the petitioner to file an affidavit that he will cooperate for the trial and after filing of affidavit, the Superintendent of Police, Ramanathapuram, was directed to take necessary steps to withdraw the Lookout Circular on or before 26.09.2024 and with the above direction, the Criminal Original Petition was disposed of.
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filing application under Section 317 Cr.P.C., to condone his absence repeatedly, the petitioner can very well approach the concerned Court, directing for the fourth respondent's appearance. But that by itself is not a ground to recall the earlier order. Considering the above, this Court concludes that the above petition is devoid of merits and the same is liable to be dismissed.
petitioner is at liberty to take appropriate proceedings before the concerned Court, if so advised, in the manner known to law.
25.11.2025
das
To
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Crl.M.P(MD)No.18380 of 2025
K.MURALI SHANKAR,J.
das
Order made in Crl.M.P(MD)No.18380 of 2025 in CRL.O.P(MD) No.16022 of 2024
25.11.2025
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1 issue framed by the court
Whether the order withdrawing a Lookout Circular could be recalled on the ground that the accused was absenting from trial hearings.
1 provisions across 1 enactments
A.Syed Ali Fathima
The State of Tamil Nadu rep.by the Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District
The Inspector of Police, Keelakarai All Women Police Station, Ramanathapuram District
The Regional Passport Officer, Regional Passport Office, Kochadai, Madurai
M.Muhamed Yazar
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
