Madras High Court
K.Moorthy @ Jaya Moorthi @ K.N.K.Senje ... vs The Deputy Superintendent Of Police on 21 November, 2023
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P.No.3081 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.3081 of 2023
K.Moorthy @ Jaya Moorthi @ K.N.K.Senje Raja ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Gingee Sub Division, Gingee.
2.The Inspector of Police,
Gingee Police Station,
Gingee. ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, pleased to direct the Special Sessions Judge for SC/ST
Cases, Villupuram, to accept the petition filed under Section 70(2) of
Cr.P.C., and consider the same on the filing of the day itself.
For Petitioner : Mr.K.Moorthy @ Jaya Moorthi @ K.N.K.Senje Raja
Party-in-person
For R1 : Mr.S.Udaya Kumar
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.3081 of 2023
ORDER
The petitioner herein appears as party in person seeks recall of
warrant issued against him for non appearance before the trial Court on
21.12.2022.
2. The petitioner herein is facing the trial in S.C.No.1/2015 on the
file of the Special Sessions Judge for SC/ST Cases, Villupuram. As per his
petition, on 21.12.2022, he had attended the Court of Hon'ble Mr.Justice
V.Sivagnanam as party in person in Crl.R.C.No.1617 of 2022 and therefore,
he was not able to present physically before the Special Sessions Judge for
SC/ST Cases, Villupuram hearing in S.C.No.1 of 2015. Hence Non Bailable
Warrant was issued against him. According to the petitioner, he has
informed the Court through e-mail that his advocate to attend physically on
the date of hearing.
3. In this petition he seeks for recall of warrant under Section
70(2) of Cr.P.C. When he being physically present before the Court for the
said purpose, he has also enclosed two judgments of this Court which
according to him allow an accused to recall the warrant issued for his non
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appearance even without he been present.
4. When the matter came up for admission on 28.02.2023, this
Court called for the report from the Special Sessions Judge for SC/ST
Cases, Villupuram to ascertain whether the petitioner had filed any
application to recall warrant under Section 70(2) of Cr.P.C., before the
Court. The Presiding Officer has sent report wherein it is stated that there is
a direction by the Hon'ble High Court in Crl.O.P.No.20337 of 2022 dated
19.09.2022 to complete the trial in S.C.No.01 of 2015 within a period of
three months. The petitioner / accused appeared as party in person. He is not
cooperating with the trial and he has refused to cross examine the witnesses
on the day when the witnesses are present. Subsequently, he remained
absent on the next hearing date. He has not cross examined PW.1 to PW.8 so
far.
5. Though the matter is pending for trial since 2007, on
25.01.2023, a petition under Section 70(2) of Cr.P.C., was filed by an
advocate on behalf of the petitioner without vakalat. After considering the
representation made by the petitioner herein, the averment made in the
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petition as well as the report of the Presiding Officer, it is suffice to say that
the petitioner who was not present on the date of hearing now suffers NBW
which has to be recalled in the manner known to law. Hence he is directed
to appear before the Court which has issued warrant and seeks recall of
warrant either filing a petition or engage a counsel or through advocate. If
any such application is filed, the Court will take note of the fact that the
petitioner who is the accused and contesting the case as a party-in-person so
far may need a better consideration, since he is not conversant with the legal
procedure and law.
6. With this observation, this Criminal Original Petition is
disposed of.
21.11.2023
Neutral Citation : Yes/No
rpl
To
1.The Special Sessions Judge for SC/ST Cases, Villupuram.
2.The Deputy Superintendent of Police,
Gingee Sub Division, Gingee.
https://www.mhc.tn.gov.in/judis
3.The Inspector of Police,
Gingee Police Station,
Gingee.
4.The Public Prosecutor,
High Court of Madras,
Chennai.
Dr.G.JAYACHANDRAN, J.
rpl
https://www.mhc.tn.gov.in/judis
21.11.2023
https://www.mhc.tn.gov.in/judis
