Madras High Court
Parimaladoss @ Doss vs The Inspector Of Police on 27 September, 2021
CRL OP (MD) No. 14452 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
CRL OP (MD) No.14452 of 2021
and CRL MP(MD) Nos.7594 & 7596 of 2021
Parimaladoss @ Doss
... Petitioner/ Accused No.5
-Vs-
The Inspector of Police,
NIB-CID,
Sivagangai,
Sivagangai District.
(in Crime No.12 of 2020)
... Respondent/Complainant
PRAYER: The Criminal Original Petition is filed under Section 482 of the Code
of Criminal Procedure, to set aside the order of issuance of non bailable warrant
without date pending against the petitioner in C.C.No.2 of 2021 on the file of the
learned Additional District and Sessions Judge/Presiding Officer, Special Court
for EC and NDPS Act Cases, Pudukottai.
1/5
https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14452 of 2021
For Petitioner : Mr.J.Selvam
For Respondent : Mr.K.Sanjai Gandhi
Government Advocate (Crl. side)
ORDER
This petition has been filed to set aside the order of issuance of non
bailable warrant without date pending against the petitioner in C.C.No.2 of 2021
on the file of the learned Additional District and Sessions Judge/Presiding
Officer, Special Court for EC and NDPS Act Cases, Pudukottai.
2.The learned counsel submitted that the petitioner is the fifth accused in
C.C.No.2 of 2021 on the file of the Additional District and Sessions
Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai.
He filed copy application seeking 'B' diary extract from the concerned Court, but
that was dismissed. Against which, a petition has been filed before this Court and
based upon the order passed by this Court in that petition, 'B' diary extract was
also issued to the petitioner.
3.The grievance of the petitioner is that no summon has been issued to him
and without following the mandatory principles as set out in various judgments
https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14452 of 2021
including the case of Inder Mohan Goswami and another vs. State of
Uttaranchal and others reported in (2007) 12 SCC 1; Reghuvansh Dewanchand
Bhasin Vs. State of Maharashtra and another reported in (2012) 9 SCC 791
and M/s.Jeevan Emu Care Indian (P) Ltd. Vs. The State of Tamilnadu in
Crl.R.C.(MD).No.186 of 2015, the non bailable warrant has been issued to him.
4.The learned counsel for the petitioner would further submit that on what
date the warrant has been issued against him is not known to him. When a non
bailable warrant has been issued to the accused, he has to appear before the
concerned Court and make his submissions and argue the matters on merit
seeking recall of the non bailable warrant. In the final report this petitioner has
shown as absconding accused. So Non Bailable Warrant has been issued. He has
not filed any anticipatory bail application. Without approaching the concerned
Court, the petitioner has come forward with this petition to set aside the non
bailable warrant. It may not be proper and appropriate. So the petitioner is
directed to approach the concerned Court through appropriate petition seeking
recall of warrant that has been issued against him.
5.With this direction, this criminal original petition is dismissed.
https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14452 of 2021
Consequently, connected miscellaneous petitions are closed.
27.09.2021
Internet : Yes / No
Index : Yes / No
TM
Note:In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the advocate / litigant concerned.
To
1.The Additional District and Sessions Judge/Presiding Officer,
Special Court for EC and NDPS Act Cases, Pudukottai.
2.The Inspector of Police, NIB-CID, Sivagangai,
Sivagangai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14452 of 2021
G.ILANGOVAN, J.
TM
CRL OP (MD) No.14452 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
