J. MUGUNDAN Vs. STATE

JUDGEMENT

(1.) This matter is taken up for hearing via video conferencing.

(2.) The petitioner is facing a prosecution in Special Case No.5 of 2020 before the Special Judge for Prevention of Corruption Act Cases, Villupuram for the offences under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner did not appear before the trial Court on 08.10.2020 and his counsel filed an application under Section 317 Cr.P.C., which was allowed by the trial Court, with a direction to the petitioner to appear on 14.10.2020 for questioning him on the charges. On 14.10.2020, the petitioner did not appear, but, filed an application under Section 317 Cr.P.C. in a printed format, in a cavalier fashion saying, "The petitioner/accused is not able to attend this Hon'ble Court to-day as he/she is suffering from serious illness." The trial Court dismissed the petition and issued Non-Bailable Warrant to secure the petitioner, aggrieved by which, the petitioner has filed the present petition invoking Section 482 Cr.P.C.

(3.) Heard Mr.V.Krishnamoorthy, learned counsel for the petitioner, who submitted that the petitioner had filed a discharge application in Crl.M.P.No.48 of 2020 under Section 239 Cr.P.C. in the trial Court and the same was dismissed on 08.10.2020, but, the petitioner prayed for time to approach the High Court, which was not granted by the trial Court and instead, warrant has been issued on 14.10.2020, peremptorily deserves to be recalled.