R MOHANASUNDHARAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to issue direction to the learned Judicial Magistrate, Alandur to recall the nonhttp bailable warrant issued on 03.11.2017 against the petitioner in C.C.No.173 of 2014 .

(2.) This Court in an earlier occasion had elaborately dealt with the issue as to whether the High Court, exercising its inhereint powers under Section 482 of the Code of Criminal Procedure, is empowered to quash or recall a Non-bailable Warrant when an alternate remedy under Section 70 (2) of the Code of Criminal Procedure empowers cancellation of the warrant by the Court that had issued the warrant.

(3.) I had the occasion to deal with a batch of cases pertaining to circumstances for issuance/recall of warrants. After analysing the principles laid down in the various decisions of the Honourable Supreme Court and our High Court in detail, I had, in my order dated 07.09.2017 in Crl.O.P.No.13276 of 2017 etc., batch matter, held as follows: