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Madras High CourtCRL OP/403/2025disposed of

K.Selvaganapathy v. The State Rep.By

2025-01-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Selva Ganapathy ... Petitioner Vs.

1.The State Rep. by Inspector of Police T-11, Thiruninravur Police Station Thiruninravur

2. V.Srinath ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 1 st respondent to execute the non-bailable warrant issued on 13.12.2024 in STC/13/2023 on the file of Judicial Magistrate -II, Chengalpet against the 2 For Petitioner : Mr.E.V.Arun Achalagiri For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the 1 st respondent to execute the non-bailable warrant issued on 13.12.2024 in STC No.13 o 2023 on the file of Judicial Magistrate -II, Chengalpet against the

2. The learned counsel for the petitioner submitted that this Court vide order dated 27.02.2024 in Crl.O.P.No.4423 of 2024 had directed the Judicial Magistrate -II, Chengalpet to dispose of the case in STC No.13 o 2023 within a period of six months. The 2 nd respondent/accused lastly appeared before the Magistrate on 27.07.2023 for questioning and thereafter, he was continuously filing 317 petition to dispense with his personal appearance and was neglecting to appear before the Magistrate. Hence, the learned Magistrate issued non bailable warrant against the 2 nd respondent/accused on 13.12.2024. However, the 1 st respondent police neglecting to execute the warrant. Hence, the present petition is filed.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1 st respondent police and perused the materials available on record.

4. Considering the facts and circumstances of the case, the 1 st respondent police is directed to execute the warrant against the 2

5. With the above direction, this Criminal Original Petition is disposed of.

08.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Judicial Magistrate -II, Chengalpet 2.The Inspector of Police T-11, Thiruninravur Police Station Thiruninravur

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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