BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.08.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.OP(MD)No.10753 of 2011 and MP(MD)No.2 of 2011 S.E.V.Kajakamal :Petitioner (Sole Accused) -Vs- The State through Inspector of Police, Thilagar Thidal Police Station, Madurai District. In Crime No.1237 of 2011. :Respondents (Complainant) PRAYER:Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records and proceedings in respect of the order and the Non-Bailable Warrant issued by the learned Judicial Magistrate No.II, Madurai in C.C.No.377 of 2011,dated 22.07.2011 and quash the same as illegal For Petitioner:M/s.Eddy Emboss For Respondent:Mr.A.P.Balasubramani,Govt. Advocate(Crl. Side) ORDER This petition is filed to quash the Non-Bailable Warrant issued by the learned Judicial Magistrate No.II, Madurai in CC.No.377 of 2011,dated 22.07.2011 2.The learned counsel for the petitioner would submit that the petitioner was arrayed as accused in Crime No.1237 of 2011. The case has been registered against him under Sections 294(b), 452, 447, 506(i) of I.P.C. After completion of the investigation, charge sheet has been filed and the same was taken on file on 20.07.2011. Since the petitioner was shown as absconding accused without issuing summons, Non-Bailable Warrant has been issued against him. Now the petitioner has come forward with this petition, to quash the Non-Bailable Warrant issued against him by the learned Judicial Magistrate No.II, Madurai in C.C.No.377 of 2011. The learned counsel for the petitioner has also relied upon the order in Sun Agro Chemical Industries, Madurai & Others vs. M.P.Mahendran, Agricultural Officer(Plant Protection), Usilampatti reported in CDJ 2010 MHC 5473. 3.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the State and perused the materials available on record. 4.While perusing the records, it is seen that final report has been filed on 15.07.2011 and the same was taken on file on 20.07.2011 and the petitioner was shown as absconding accused. But while the case has been taken on file, without issuing summons to the petitioner, Non-Bailable Warrant has been issued. Therefore, it is against law. First summons is to be issued to the accused before issuing Non-Bailable Warrant. Hence, I am inclined to quash the Non-Bailable Warrant issued against the petitioner However, the petitioner is directed to appear before the learned Magistrate concerned within fifteen days from the date of receipt of a copy of this order (*) and to follow the procedures in accordance with law. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) (*)Corrected as per order of this court dated 29.08.2011 and made herein. /True Copy/ Sub Assistant Registrar To:To be substituted order already despatched. 1.The Judicial Magistrate NO.II, Madurai 2.The Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, Thilagar Thidal Police Station, Madurai District, 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai +1CC to M/s.Eddy&Emboss, Advocate. SR.No.29675. Pm/GH : 23.08.2011 : 2p/5c Crl.O.P.(MD).No.10753 of 2011,18.08.2011. RP/05.09.2011/1P/6C. https://hcservices.ecourts.gov.in/hcservices/