A.m.arun v. The State Rep. By The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9605 of 2019 A.M.Arun.. Petitioner/AccusedVs The State Rep. byThe Assistant commissioner of Income Tax,121,M.G.Road, Nungambakkam,Chennai-600 034. ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 ofCriminal Procedure Code, to direct the learned Additional ChiefMetropolitan Magistrate Economic Offences-II, Egmore, atAllikulam, Chennai to recall non-bailable warrant pendingagainst petitioner in E.O.C. No.502 of 2017 on the file of thelearned Additional Chief Metropolitan Magistrate EconomicOffences-II, Egmore, at Allikulam, Chennai-8 on the petitionbeing filed under Section 70(2) of Cr.P.C.For Petitioner : Mr.K.Pradeep Raj For Respondent : Mr.M.Mohamed Riyaz Additional Public ProsecutorO R D E R This Criminal Original petition has been filed to directthe learned Additional Chief Metropolitan Magistrate EconomicOffences-II, Egmore, at Allikulam, Chennai to consider thepetition filed by the petitioner to recall the Non BailableWarrant in E.O.C.C.No.502 of 2017 on the same day of surrender. 2. The learned counsel appearing for the petitioner wouldsubmit that he is not aware about the pendency of this caseand he has not received any summons from the concerned Court.Hence, the petitioner was not able to appear before the learnedAdditional Chief Metropolitan Magistrate Economic Offences-II,Egmore, at Allikulam, Chennai in respect of the case inE.O.C.C.No.502 of 2017 and hence, non bailable warrant has beenissued against the petitioner. He would further submit that thesaid absence is neither willful nor wanton and he undertakesthat the petitioner shall appear before the Court belowregularly on all future hearing dates without fail. https://hcservices.ecourts.gov.in/hcservices/ 3. Considering the undertaking given by the learned counselfor the petitioner, the petitioner is directed to appear beforethe learned Additional Chief Metropolitan Magistrate EconomicOffences-II, Egmore, at Allikulam, Chennai on the next hearingand to file a petition under Section 70(2) of Cr.P.C., to recallNBW already issued against him. On filing of such petition, theconcerned learned Magistrate is directed to consider the same onits own merits in accordance with law and pass orders on thesame day. 4.With the above direction, this Criminal OriginalPetition is disposed of. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant RegistrarrriTo1. The Additional Chief Metropolitan Magistrate Economic Offences II, Egmore at Allikulam, Chennai.2.The Assistant commissioner of Income Tax, 121,M.G.Road, Nungambakkam, Chennai-600 034.3.The Public Prosecutor, High Court, Madras.+1 CC to Mr.K.Pradeep Raj, Advocate sr 34663. Crl.O.P.No.9605 of 2019 LN(CO)SP(11/04/2019) https://hcservices.ecourts.gov.in/hcservices/