L.Sundarameenatchi @ Aarthy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.135 of 2019 L.Sundarameenatchi @ Aarthy ...Petitioner Vs.

State rep. By:

1.The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police T1 - Police station Ambattur Chennai.

3. Manikandan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 1st and 2nd respondents to execute the warrant in Crl.MP.No.2806 of 2017 in M.C.No.08 of 2016 on the file of Chief Judicial Magistrate, Thoothukudi and produce the said Manikandan S/o.S.Murugan before the court Chief Judicial Magistrate, Thoothukudi to secure the ends. For Petitioner : Mr.R.Sankarasubbu For R1 & R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the 2nd respondent to execute the warrant, which has been issued on 03.05.2018 in Crl.M.P.No. 2806 of 2017 in M.C.No.08 of 2016, on the file of the Chief Judicial Magistrate, Thoothukudi.

The petitioner has filed maintenance case before the Chief Judicial Magistrate Court, Thoothukudi. Since the 3rd respondent did not appear before the Court, a warrant of arrest was issued by the Court below with a direction to the 2nd respondent to produce the 3rd respondent. This warrant has not been executed till date. In the mean time, the 3rd respondent had also left to a Foreign Country. Left with no other option the petitioner has moved this Court seeking for a direction to the 2nd respondent to execute the warrant. https://hcservices.ecourts.gov.in/hcservices/

In the facts and circumstances of the case, there shall be direction to the 2nd respondent to execute the warrant of arrest dated 03.05.2018 by taking appropriate steps to secure the 3rd respondent and produce him before the Court within a period of two months from the date of receipt of a copy of this order.

This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(j) //True Copy// Sub Assistant Registrar mpa/rpl To 1.The Commissioner of Police Vepery Chennai-7.

2.The Inspector of Police T1 - Police station Ambattur Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sankarasubbu , Advocate SR.No. 1503 Crl.O.P.No.135 of 2019 A.SK(23/01/2019) https://hcservices.ecourts.gov.in/hcservices/