Dismissed¶27

Jagadish v. Inspector of Police

Madras HC17 Dec 2025CRL RC/1717/2023

Case brief

AI extract

What is this about?

Crl.R.C.No.1717 of 2023, High Court of Judicature at Madras, decided 17.12.2025 by Sunder Mohan, J. Dismissal of criminal revision (filed under Sections 438 and 442 of BNSS, 2023) challenging the Metropolitan Magistrate's order dated 16.08.2023 in Crl.M.P.No.35383 of 2023 refusing recall of a non-bailable warrant (issued 09.08.2018) sought via application under Section 70(2) of the Code of Criminal Procedure, 1973; petitioner Jagadish absent and reported absconding, warrant pending more than five years without representation; revision dismissed, no relief; Central Crime Branch, Chennai police directed to secure the petitioner at the earliest.

What did the court decide?

No relief to the petitioner; the respondent police are directed to secure the petitioner at the earliest. ¶27

Jagadish Vs Inspector of Police — Madras HC (2025) — LawSathi Research

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Crl.R.C.No.1717 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.12.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.R.C.No.1717 of 2023

Jagadish

...Petitioner

-Vs-

The State Rep. By The Inspector of Police, Central Crime Branch, Chennai.

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...Respondent

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PRAYER: Criminal Revision Petition filed under Section s 438 and 442 of BNSS, 2023, praying to set aside the order of dismissal in Crl.M.P.No.35383 of 2023 dated 16.08.2023 by the learned Metropolitan Magistrate Court for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, and further directed the learned Metropolitan Magistrate Court for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases Egmore, to recall the NonBailable Warrant without presence of petitioner.

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For Petitioner : No appearance

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For Respondent : Dr.C.E.Pratap, Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.1717 of 2023

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ORDER

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The revision petition challenges the dismissal of the petitioner’s application filed under Section 70(2) of the Code of Criminal Procedure, 1973, seeking recall of the warrant issued against the petitioner.

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The learned Magistrate dismissed the said petition on the ground that the petitioner had not appeared for recall of the warrant; and that since the warrant was pending for more than five years, there was no representation on behalf of the petitioner.

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There is no representation for the petitioner. Heard the learned Government Advocate (Crl.Side) for the respondent, who would submit that the petitioner is still absconding; and that the respondent police are unable to secure the petitioner.

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It is seen from the impugned order that the petitioner had not appeared during the hearing of the petition filed for recall of the warrant. The non-bailable warrant against the petitioner was issued on 09.08.2018. The learned Magistrate had observed that the petitioner has not explained

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.1717 of 2023

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satisfactorily the reason for his absence. Therefore, the learned Magistrate dismissed the petitioner’s application.

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