Madras High CourtCRL OP/2088/2023disposed of

Anwar.R.P.M. Adam v. The Superintendent Of Police

2023-02-02Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Anwar R.P.M. Adam ... Petitioner /vs/

1. The Superintendent of Police, Chengalpet District, Chengalpet.

2. The Deputy Superintendent of Police, Crime Branch CID, Chengalpet. ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the 2nd respondent to execute the witness warrant of LW2 (S.Aishwarya) issued on 27.01.2021 in C.C.No.7 of 2015 on the file of Judicial Magistrate - I, Chengalpet.

For Petitioners ... Mr.T.N.Murali Moghan For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to the 2nd respondent to execute the witness warrant of LW2 (S.Aishwarya) issued on 27.01.2021 in C.C.No.7 of 2015 on the file of Judicial Magistrate - I, Chengalpet.

2. The learned counsel for the petitioner submitted that LW2 (Aishwarya) in C.C.No.07 of 2015, pending on the file of the learned Judicial Magistrate -I, Chengalpet, was summoned for giving evidence on 27.01.2021. Since, she was not present on 27.01.2021, even after receipt of summons, witness warrant was issued against her. However, warrant was not executed till now, necessitating the filing of this petition.

3. The learned Government Advocate (Crl. Side) submitted that respondents have taken all efforts to trace the address of the LW2 and to produce her before the Court for giving evidence by executing warrant. However, address and whereabouts of LW2 are not traced till now.

4. In the light of the submission made by the learned counsels on

either side, this Court directs the respondents to trace the whereabouts of LW2( Aishwarya) and produce her before the Court for giving evidence within a period of four weeks from the date of receipt of copy of this order.

5. With the above observations and directions, this Criminal Original Petition is disposed of.

02.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma G.CHANDRASEKHARAN, J.

Sma To

1. The Superintendent of Police, Villupuram, Villupuram District.

2. Inspector of Police, Kandachipuram - Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

02.02.2023