Tamil Nadu - Madurai   

Entertain petition to declare a lawyer as proclaimed offender: Madurai Bench

Staff Reporter

Take coercive steps to bring accused to book: High Court Bench

MADURAI: The Madurai Bench of the Madras High Court has directed the Dindigul Judicial Magistrate-I to entertain a petition to declare a lawyer, who failed to appear before the lower court despite issuance of non-bailable arrest warrant in a criminal case, as a proclaimed offender.

Justice R. Regupathi also directed the magistrate to take coercive steps to bring the accused to book.

The petitioner, S. P. Shanmugam, a physically challenged person from Dindigul, said that he paid Rs.2,01,000 to K. Muniraja, an advocate from Pillayarnatham in Nilakottai taluk, towards securing a job for his son. But the lawyer did not keep his word and instead agreed to repay the amount.

Thereafter, the cheque issued by the lawyer bounced more than once and hence the petitioner lodged a private complaint before the judicial magistrate under the Negotiable Instruments Act. Despite receiving summons in the case, the lawyer did not appear before the lower court on several occasions and the magistrate, on August 9, 2001, issued a non-bailable arrest warrant against the advocate.

The warrant was not executed for nearly four years even after the magistrate sending a reminder to the Superintendent of Police, Dindigul.

The petitioner was forced to move the Madurai Bench on March 21, 2005 and the court directed the SP to secure the custody of the advocate. Subsequently, the lawyer voluntarily appeared before the magistrate for a few hearings and the warrant against him was recalled.

Again, he refrained from attending further proceedings before the magistrate and a second arrest warrant was issued on July 22, 2005, the petitioner said and added, "The police are hand in glove with the advocate and would not effect the arrest or ensure his appearance before the magistrate."

Since the case was pending for a long time due to the delaying tactics adopted by the lawyer, Mr. Shanmugam filed a petition to declare the lawyer a proclaimed offender. But the magistrate refused to entertain it, he alleged and sought a direction from the Bench.

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