Sakthi Traders v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.1940 of 2020 Sakthi Traders Rep. By its Partner Mr.E.Sakthi Selvan, No.1, 1st Street, Nehru Colony, Nanganallur, Chennai - 600 114.

... Petitioner Vs.

1. The Deputy Commissioner of Police, Ambattur Range,Avadi, Chennai - 600 054.

2. The State of Tamil Nadu Rep. by the Inspector of Police, T-14 Police Station, Mangadu Gerugambakkam, Kanchipuram, Chennai - 600 122.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents to execute the non bailable warrant issued on 05.03.2019 in C.C.No. 153 of 2017 pending on the file of the Judicial Magistrate (Fast Track Court), Alandur against the accused Mrs.V.Anuradha, Proprietress, PSR Sales Corporation, No.1516, Kundrathur Main Road, Gerugambakkam, Chennai - 600 122 within a strict time frame fixed by this Hon'ble Court.

For Petitioner : M/s. Roopeshwari For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to execute the non bailable warrant issued by the Judicial Magistrate (Fast Track Court), Alandur in C.C.No. 153 of 2017 dated 05.03.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

1/2 https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner has submitted that the petitioner herein has filed a private complaint under Section 138 of Negoitable Instruments Act against one Mrs.Anuradha and based on the same, the learned Judicial Magistrate (Fast Track Court), Alandur has taken the case on file in C.C.No.153 of 2017 and issued summons to her. On receipt of summons, accused appeared for one hearing only and thereafter she did not appear and hence the Judicial Magistrate (Fast Track Court), Alandur, has issued a bailable warrant against her. Since the bailable warrant was issued on 09.08.2017 and the said warrant has not been executed, subsequently, learned Judicial Magistrate (Fast Track Court), Alandur has issued a non-bailable warrant on 05.03.2019 and the said warrant also has not been executed by the respondents and hence she requests to direct the respondents to execute the said non-bailable warrant at early.

4. The learned Additional Public Prosecutor has submitted that a time may be given to execute the non-bailable warrant.

5. Considering the same, the second respondent is directed to execute the non-bailable warrant within three months from the date of receipt of a copy of this order.

6. With the above said directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(C.S.IV) /True COPY/ Sub Assistant Registrar To

1. The Deputy Commissioner of Police, Ambattur Range, Avadi, Chennai - 600 054.

2. The Inspector of Police, T-14 Police Station, Mangadu Gerugambakkam, Kanchipuram, Chennai - 600 122.

3. The Judicial Magistrate (Fast Track Court), Alandur.

4.The Public Prosecutor, High Court, Madras. +1cc to T.S.Vijayaraghavan, Advocate SR.No.7046 AKM/31.01.2020 /2P-6C/ CRL.O.P.No.1940 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/