SANJEEV NARULA AND OTHERS Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order dated 15.04.2018 passed by the learned Judicial Magistrate-IV, Salem in Cr.M.P.No.1613 of 2018 in C.C.No.13 of 2018.

(2.) Heard the learned counsel for the petitioners; learned Government Advocate [Crl. Side] for the respondent and perused the materials placed on record.

(3.) On the complaint lodged by Ashok Kumar, the respondent Police registered a case in Crime No.13 of 2015 and after completing the investigation, has filed a charge sheet in C.C.No.13 of 2018 for the offences under Sections 420, 506[1] and 120B IPC against Sanjeev Narula [A1], Madhanlal Narula [A2] and Arunkumar Jain [A3]. It appears that the accused were not arrested during investigation. However, in the charge sheet, the accused were shown as absconding accused and therefore, the learned Judicial Magistrate-IV, Salem issued non bailable warrant to secure their presence. Pursuant to the execution of NBW, the Police apprehended Madhanlal Narula [A2] on 20.04.2018 and he was produced before the Metropolitan Magistrate, Saket, New Delhi and he was released on transit bail. While so, Sanjeev Narula [A1] and Arunkumar Jain [A3] filed Cr.M.P.No.1613 of 2018 under Section 70[2] Cr.P.C. to recall the warrant without their physical presence. The learned Magistrate refused to exercise her discretion, to recall the warrant in the absence of the accused and dismissed the petition. Aggrieved by which, Sanjeev Narula [A1] and Arunkumar Jain [A3] are before this Court.