A GOPAL RAO @ VIJAY GOPAL RAO Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to issue direction to the learned Judicial Magistrate, Alandur, to consider the petition to recall the non-bailable warrant issued against the petitioner on 12.03.2018 in C.C.No.325 of 2015.

(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, held as follows: