Prince Sivakumar vs P.Balakumar
2022 Latest Caselaw 14628 Mad

                                                                                Crl.OP.No.18953 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 17.08.2022

                                                         CORAM:

                          THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                             Crl.O.P. No.18953 of 2022

                Prince Sivakumar                                                       ... Petitioner

                                                         Versus

                P.Balakumar                                                          .. Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to direct the Judicial Magistrate No.I at Perambalur to
                consider the petition to recall the Non-Bailable warrant issued against the
                petitioner in C.C.No.104 of 2021 on the same day of his surrender and to
                consider the suspension of sentence on the same day.
                                        For Petitioner       : Mr.K.Thenrajan

                                                   ORDER

This Criminal Original Petition has been filed seeking to consider the

petition to recall the N.B.W issued against the petitioner in C.C.No.104 of

2021 and also to consider the suspension of sentence by the learned Judicial

Magistrate No.I at Perambalur.

2. The learned counsel for the petitioner would submit that only on

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

Crl.OP.No.18953 of 2022

the day of judgment due to ill health, the petitioner could not appear before

the trial. Hence, he was issued with a Non Bailable Warrant. He would

submit that the non appearance is neither wilful nor wanton and pleaded this

Court for considering his application to recall the Non Bailable Warrant

issued against him on 29.06.2022 by the learned Judicial Magistrate No.I at

Perambalur and also to consider the suspension of sentence.

3.Considering the plight of the petitioner, this Court directs the

petitioner to file an application seeking for recall of warrant and suspension

of sentence before the learned Judicial Magistrate No.I at Perambalur within

a period of 10 days and on such application, the learned Judicial Magistrate

No.I at Perambalur shall consider the same and pass orders on merits on the

same date.

4. With the above directions, this Criminal Original Petition stands

disposed of.

17.08.2022 dhk

Note:Issue order copy on 18.08.2022

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

Crl.OP.No.18953 of 2022

N. SATHISH KUMAR, J.

dhk

To

1.The Judicial Magistrate No.I Perambalur

2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.18953 of 2022

17.08.2022

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