K.Ramalingam vs S.Sathian
2022 Latest Caselaw 16508 Mad

                                                                                Crl.O.P.No.25079 of 2022


                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 17.10.2022

                                                     CORAM:

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                             Crl.O.P.No.25079 of 2022

                K.Ramalingam                                                    ... Petitioner
                                                        Vs.
                1.S.Sathian

                2.The Inspector of Police,
                  Othian Salai Police Station,
                  Puducherry.                                                ... Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to
                consider the recall warrant filed under Section 70 (2) of Cr.P.C., and pass
                orders on the same day and consequently consider the suspension of sentence
                petition and permit the petitioner to move before the concerned Court.
                                       For Petitioner  : Mr.V.S.Ilamvazhudhi
                                       For Respondents : Mr.V.Balamurugane,
                                                         Public Prosecutor (Pondicherry)


                                                  ORDER

This Criminal Original petition has been filed to consider the recall

warrant filed under Section 70 (2) of Cr.P.C., and pass orders on the same day

and consequently consider the suspension of sentence petition and permit the

petitioner to move before the concerned Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25079 of 2022

2. The learned counsel appearing for the petitioner would submit that

though the petitioner was present on 30.09.2022 before the learned Magistrate

II, Puducherry in respect of the case in STC No.876 of 2015, the matter was

passed over for argument. Thereafter, the learned Judge on the day itself in the

evening session has pronounced the judgment. After pronouncing the

judgment, the learned Judge has issued non bailable warrant against the

petitioner. Due to which, the petitioner could not able to prefer an appeal

against the judgment. He would further submit that now the petitioner is ready

to surrender before the Trial Court and undertakes to appear before the Court

below regularly on all future hearing dates without fail.

3. I have considered the matter in the light of the submissions made by

the learned counsel for the petitioner and perused the materials available on

record.

4.Considering the undertaking given by the learned counsel for the

petitioner, the petitioner is directed to appear before the learned Magistrate II,

Puducherry on the next hearing and to file a petition under Section 70(2) of

Cr.P.C., to recall NBW already issued against him. On filing of such petition,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25079 of 2022

the learned Magistrate II, Puducherry is directed to consider the same on its

own merits in accordance with law and pass orders on the same day.

5.With the above direction, this Criminal Original Petition is disposed

of. It is made clear that while considering the petition to recall, the Court

below shall bear in mind about the period of Non Bailable Warrant and any

crime committed while pending Non Bailable Warrant. Mere direction issued

by this Court to consider the application on the same day does not amount to

direction to consider the recall petition favourably.

17.10.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order shk

Note: Issue order copy on 18.10.2022

To

1. The learned Magistrate II, Puducherry

2.The Inspector of Police, Othian Salai Police Station, Puducherry.

3.The Public Prosecutor, Puducherry.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25079 of 2022

V.SIVAGNANAM, J.

shk

Crl.O.P.No.25079 of 2022

17.10.2022

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