G.Kannan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.21275 of 2013 G.Kannan ... Petitioner Vs.

1. State represented by The Superintendent of Police, Vellore, Vellore District.

2. The Deputy Superintendent of Police, Gudiyattan, Vellore District.

3. The Inpsector of Police, Gudiyattam Town Police Station, gudiyattam, Vellore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent herein to execute the bailable warrant in C.C.No.160 of 2010 dated 30.06.2011 on the file of the learned Judicial Magistrate, Gudiyattam.

For Petitioner : Mr.R.Karthikeyan For Respondents : Mr.R.Suryaprakash Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking directions of this Court to 3rd respondent to execute the warrant issued by the learned Judicial Magistrate, Gudiyattam, in C.C.No.160 of 2010 dated 30.06.2011.

It is seen that during pendency of this petition, as per direction of the Hon'ble Supreme Court, the case was transferred to Court of Haryana. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that as per recent amendment the case has now been transferred to the Judicial Magistrate, Fast Track Court, Allikulam and the same is pending.

https://hcservices.ecourts.gov.in/hcservices/

In view of the above submissions, the learned Judicial Magistrate, Gudiyattanm and the third respondent has no jurisdiction to execute the warrant as sought for in this petition. Therefore the criminal original petition stands dismissed. However, the petitioner is at liberty approach the learned Judicial Magistrate, Fast Track Court, Allikulam, where now the case is pending to issue a fresh bailable warrant, if the accused is still not appearing before the Court.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar cgi To

1. The Judicial Magistrate, Gudiyattam, Vellore District.

2. The Judicial Magistrate, Fast Track Court, Allikumam.

3. The Superintendent of Police, Vellore, Vellore District.

4. The Deputy Superintendent of Police, Gudiyattan, Vellore District.

5. The Inpsector of Police, Gudiyattam Town Police Station, Gudiyattam, Vellore District.

6. The Public Prosecutor, High Court of Madras. Crl.O.P.No.21275 of 2013 A.SK(13/12/2019) https://hcservices.ecourts.gov.in/hcservices/