A Section 482 petition to quash proceedings in a pending criminal case was dismissed because the petitioner had suppressed that a non-bailable warrant was pending against him before the trial court, and he had not sought extension of an expired interim stay order.
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CRL OP No. 27168 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-03-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 27168 of 2023 and CRL MP Nos.18859 and 18861 of 2023
Manoharan S/o. Nadesan Mudhaliar, No.41/26, Anna Street, Karamadai, Pillurdam, Mettupalayam, Coimbatore District.
..Petitioner
Vs
..Respondents
Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the C.C.No.68 of 2015 on the file of the Learned Judicial Magistrate Court, Mettupalayam and quash the same.
For Petitioner: Mr. C.Ramkumar
For Respondents: Mr.A.Gopinath Government Advocate (Crl.Side)
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CRL OP No. 27168 of 2023
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.68 of 2015 on the file of the Judicial Magistrate, Mettupalayam.
2 . Heard the learned counsel appearing on either side and perused the materials available on record.
3 . It is seen from the records that this Court admitted the petition and granted stay of all further proceedings in C.C.No.68 of 2015 on 15.12.2023. Even prior to 15.12.2023, the petitioner was absent before the Trial Court and consequently, the Trial Court issued a Non-bailable Warrant as against the petitioner, which was pending even on the date of filing of this petition. The said fact was suppressed and not brought to the notice of this Court. When a Non-Bailable warrant is pending against the accused, he is not entitled for any relief before this Court. That apart, the stay order was granted on 15.12.2023 only for a period of four weeks. However, the petitioner did not take any steps to extend the stay order.
4 . In such circumstances, when the Non-Bailable Warrant was already pending even prior to the grant of interim order by this Court, the petitioner is
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CRL OP No. 27168 of 2023
not entitled for any relief. Accordingly, this Criminal Original Petition is
dismissed.
23-03-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
LPP
To
1.The Judicial Magistrate, Mettupalayam.
2.The Inspector of Police, Karamadai Police Station, Coimbatore District.
3.The Public Prosecutor, High Court, Madras.
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CRL OP No. 27168 of 2023
G.K.ILANTHIRAIYAN J.
LPP
CRL OP No. 27168 of 2023 and CRL MP Nos.18859 and 18861 of 2023
23-03-2026
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1 issue framed by the court
Whether a petitioner against whom a non-bailable warrant is pending is entitled to quash the trial court proceedings under Section 482 CrPC.
1 provisions across 1 enactments
Manoharan S/o. Nadesan Mudhaliar
State Rep.by The Inspector of Police, Karamadai Police Station, Coimbatore District
Mohammed Sheriff S/o. Abdul Karim Sahib, Secretary, Sunnath Val Jamath Pallivasal, Karamadai
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
