Madras High Court
K.Jayaraman vs The State on 7 January, 2025
Author: N.Seshasayee
Bench: N.Seshasayee
CRL.R.C.No.5 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.01.2025
CORAM
MR.JUSTICE N.SESHASAYEE
Crl.R.C.No.5 of 2025
1.K.Jayaraman
2.Shanthi
3.J.S.Arun Keerthi ... Petitioners
Vs.
The State
Additional Superintendent of Police
Vigilance and Anti Corruption
City Special Unit-I, Chennai - 16 ... Respondent
Prayer: Revision Case filed under Section 438 r/w 442 of BNSS Act,
2023, to call for the records and set aside the orders issued by the trial
Court in Crl.M.P.No.766 of 2024 dated 26.12.2024 on the file of the
Special Court for the cases under Prevention of Corruption Act, at
Chennai and consequently recall the Non Bailable warrant issued against
petitioners / accused 1 to 3 by the learned trial Court in C.C.No.14 of
2024.
For Petitioners : Mr.L.V.Rohith
For Respondent : Mr.K.M.D.Muhilan
Government Advocate (Crl. Side)
ORDER
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This petition is filed to set aside an order passed by the trial Court in
Crl.M.P.No.766 of 2024 dated 26.12.2024, through which the petitioners
herein sought recall of a Non Bailable Warrant (NBW) issued by the trial
Court against the petitioners.
2.The learned counsel for the petitioners submitted that on the date on
which NBW was issued, the petitioners had filed a petition challenging
the very final report and that was being heard. This Court has orally
instructed the learned trial Judge to defer framing charges and
communicated the message both through the prosecutor as well as
through the counsel for the petitioners to the trial Court which is in the
adjacent building complex.
3.It is in these circumstances, the petitioners have also filed an
application U/s.317 Cr.P.C. corresponding to Section 355 BNSS, 2023,
but the learned trial Judge has dismissed it. It is hence the petitioners had
moved Crl.M.P.No.766 of 2024 dated 26.12.2024 for recalling the
warrant and even that came to be dismissed.
4.Heard both sides. This Court intends to remind the trial Court that the
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Courts may have the power of a giant, but it cannot act like a giant. After
all, it is dealing with human problems and human sufferings and it cannot
become insensitive to the difficulties faced by the citizens of this country.
This Court opines that the approach to criminal justice dispensation
requires a serious overhaul the way some of the judicial officers approach
their responsibility.
5.This Court can even understand the dismissal of the petition filed
U/s.317 Cr.P.C. and the same may be justified in law, since whatever oral
instruction this Court has given may not properly reached the Court. But
this Court does not find any justification for dismissing the petition filed
for recalling the warrant. The Courts in this country must also realise that
the accused persons need to appear before the Court only on five (5)
occasions;
i. for receiving the copies of the charge sheet U/s.207 Cr.P.C.
corresponding to Section 230 BNSS, 2023;
ii. for framing of the charges;
iii. for participating the trial only when the identity of the accused is
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required to be established;
iv. for questioning U/s.313 Cr.P.C. corresponding to Section 351
BNSS, 2023; and
v. on the judgment day.
6.Unfortunately and most insensitively many trial Courts take a very
different view. Human rights and right to life of the accused cannot be at
the mercy of procedural law and those who administer the procedural
law. This Court only hopes that the Judicial Academy takes serious note
of these lapses on the part of some of the officers of the district judiciary,
identifies them and sensitize them.
7.This Criminal Revision Case stands allowed. The order passed by the
trial Court in Crl.M.P.No.766 of 2024 dated 26.12.2024 is hereby set
aside. This Court exercises its power U/s.482 Cr.P.C. corresponding to
Section 528 BNSS, 2023 and even recalls the very Non Bailable Warrant
dated 25.11.2025 issued against the petitioners / accused 1 to 3 by the
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learned trial Court in C.C.No.14 of 2024.
07.01.2025
kas
Index : Yes / No
Neutral Citation
Note: Issue order copy on 10.01.2025
To
1.The Special Judge
For the cases under Prevention of Corruption Act
Chennai
2.The Additional Superintendent of Police
Vigilance and Anti Corruption
City Special Unit-I, Chennai - 16
3.The Public Prosecutor
High Court of Madras
Chennai 600 104
N.SESHASAYEE, J.
kas
https://www.mhc.tn.gov.in/judis
07.01.2025
https://www.mhc.tn.gov.in/judis
