S. MUJIBAR RAHMAN Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondents/State.

(3.) First Information Report was registered for the offences punishable under Ss. 395, 397, 212, 120B and Sec. 3 of the Tamil Nadu Public Property Damages Act against 31 accused. As can be seen from the order dtd. 16/6/2019 passed by the learned Judicial Magistrate that the presence of some of the accused could not be procured. The said order was passed on a petition filed by the second accused invoking sub-sec. 2 of Sec. 317 of the Code of Criminal Procedure, 1973 (for short "CrPC"). The learned Magistrate observed that non-bailable warrants and summons have been sent through the police department but a report has not been filed by the police department expressing inability to execute the non-bailable warrants or summons. Therefore, the learned Magistrate rejected the said prayer.