Sangeetha vs K.R.Thyagarajan
2022 Latest Caselaw 10843 Mad

                                                                                    Crl.OP.No.9673 of 2022


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 22.06.2022

                                                         CORAM:

                          THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                  Crl.O.P. No.9673 of 2022 & Crl.M.P.No.5667 of 2022


                Sangeetha                                                       ... Petitioner

                                                            Vs.

                K.R.Thyagarajan                                                 ... Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to set aside the adjudication Order dated 31.08.2021 made
                in C.C.No.2189 of 2020 on the file of the learned XX Metropolitan
                magistrate, Allikulam, Chennai and thereby enable the proxy to appear and
                defend the case in the best interest of justice.


                                    For Petitioner       : Mr.S.Senthilnathan

                                    For Respondent       : No appearance


                                                        ORDER

This Criminal Original Petition has been filed to set aside the

adjudication Order dated 31.08.2021 made in C.C.No.2189 of 2020 on the

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

Crl.OP.No.9673 of 2022

file of the learned XX Metropolitan magistrate, Allikulam, Chennai issuing

non bailable warrant against the petitioner.

2. The main contention of the learned counsel appearing for the

petitioner is that proof of service has been manipulated as if the notice has

been served on the petitioner and the acknowledgement has been signed by

the person, who is no way connected with the petitioner. In fact, the

petitioner along with her family were all along residing in America.

Therefore, seeks to set aside the said Order. In support of his submissions

he also filed a copy of the passport.

3. When the copy of the passport is perused, the entires found in the

passport makes it clear that the petitioner infact has left India on 14.02.2020,

the seal of the Emigration Department proves the same. Having regard to

the above fact, when the petitioner is not in India, taking notice to some

other person and obtaining warrant itself is nothing but playing fraud on the

Court.

4. The learned counsel for the petitioner also seeks to appear by

special vakalat and enable the proxy to appear and defend the case. https://www.mhc.tn.gov.in/judis

Crl.OP.No.9673 of 2022

5. Accordingly, this Criminal Original Petition is allowed and the

Order dated 31.08.2021 issuing Non Bailable Warrant in C.C.No.2189 of

2020 on the file of the XX Metropolitan Magistrate, Allikulam, Chennai is

set aside. Consequently, connected miscellaneous petition is closed. In

view of the submission of the learned counsel for the petitioner, the personal

appearance of the petitioner is dispensed with except for questioning under

section 313 Cr.P.C. and on the date of pronouncing judgment and the proxy

shall defend the case on behalf of the petitioner.

22.06.2022 vrc

To,

The XX Metropolitan Magistrate, Chennai.

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

Crl.OP.No.9673 of 2022

N. SATHISH KUMAR, J.

vrc

Crl.O.P. No.9673 of 2022

22.06.2022

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