Madras High Court
Vamseedharan vs State Rep.By on 27 September, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.Nos.22251 & 22252 of 2023
Vamseedharan ...Petitioner
in both Crl.O.Ps
Vs.
State rep.by
The Sub Inspector of Police,
Central Crime Branch, CCB,
Egmore,
Chennai-7. ...Respondent
in both Crl.O.Ps
(Crime No.328 of 2017)
COMMON PRAYER: Criminal Original Petition under Section 482 of the
Criminal Procedure Code praying to set aide the Docket order passed by the
learned Metropolitan Magistrate CCB Cases and CBCID Metro (Metro Cases),
Egmore, Chennai in Sr.Nos.120 & 121 of 2023 in C.C.No.3260 of 2018 by an
order dated 21.09.2023.
https://www.mhc.tn.gov.in/judis
In both Crl.O.Ps
For Petitioner : Mr.S.Suresh
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
COMMON ORDER
These petitions have been filed challenging the Docket Order passed by the
Court below refusing to entertain the applications filed by the petitioner to recall
the non-bailable warrant and to suspend the sentence imposed by the Trial Court.
2.Heard the learned counsel for the petitioner and the learned Additional
Public Prosecutor.
3.The petitioner along with two other accused persons faced trial in
C.C.No.3260 of 2018 before the learned Metropolitan Magistrate for exclusive
trial of CCB and CBCID Cases, Egmore, Chennai for offence under Sections 423
and 420 r/w 34 of IPC. The Trial Court by judgment dated 12.09.2023 convicted
the accused persons. The petitioner was arrayed as A2. The petitioner was
convicted for offence under Section 420 r/w 34 of IPC and was sentenced to
undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- and in
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default to undergo six months rigorous imprisonment. When the judgment was
passed by the Trial Court, the petitioner was not present before the Court and
hence, the Trial Court issued non-bailable warrant against the petitioner.
4.Aggrieved by the above judgment passed by the Trial Court, the petitioner
filed criminal appeal in the Registry of the Principal District and Sessions Court,
Chennai. The Registry refused to receive the appeal papers on the ground that a
non-bailable warrant has been issued against the petitioner by the Trial Court. In
view of the same, the petitioner filed two applications before the Trial Court. One
application was to recall the non-bailable warrant issued against the petitioner and
other application was to suspend the sentence imposed against the petitioner. Both
the applications were returned by the Trial Court through Docket Order dated
21.09.2023. Aggrieved by the same, these criminal original petitions have been
filed before this Court.
5.In the considered view of this Court, even if a non-bailable warrant has
been issued against an accused person by the Trial Court for non-appearance at the
time of passing of the judgment, that will not dis-entitle the accused person from
filing a criminal appeal before the concerned Court. The fact that a non-bailable
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warrant was issued against the petitioner by the Trial Court, will have a bearing
only when the concerned Court considers the petition for suspension of
sentence/bail filed by the petitioner pending the criminal appeal.
6.The judgment was passed by the Trial Court on 12.09.2023 and the non-
bailable warrant was issued against the petitioner on the same day. The petitioner
has filed an application for recalling the non-bailable warrant and for suspension of
sentence on 21.09.2023. This application therefore has been filed within the
limitation period provided for the petitioner to file an appeal before the Appellate
Court. Unless, the non-bailable warrant is recalled and the sentence is suspended,
it will become difficult for the petitioner to approach the Appellate Court since,
there will be some technical objections.
7.In view of the above, there shall be a direction to the learned Metropolitan
Magistrate CCB Cases and CBCID Metro Cases, Egmore, Chennai to entertain the
applications filed by the petitioner seeking for recall of non-bailable warrant and
for suspension of sentence and order shall be passed on the same day. Thereafter, it
is left open to the petitioner to workout his remedy by filing an appeal in
accordance with law.
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8.Accordingly, both the criminal original petitions are disposed of with the
above directions.
9.The Registry is directed to return back the original records filed by the
petitioner to enable the petitioner to re-present the same before the Trial Court and
workout his remedy.
27.09.2023
Speaking Order : Yes/No
Index : Yes/No
Internet : Yes/No
ssr
Note: Issue Order Copy on 29.09.2023
To
1.The Sub Inspector of Police,
Central Crime Branch, CCB,
Egmore,
Chennai-7.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH,J
ssr
Crl.O.P.Nos.22251 & 22252 of 2023
27.09.2023
https://www.mhc.tn.gov.in/judis
