Madras High CourtCRL OP/3407/2025disposed of

S.Eswaran v. The Assistant Commissioner Of Police

2025-02-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Eswaran ... Petitioner Vs

1. The Assistant Commissioner of Police, O/o Assistant Commissioner of Police, Ambattur Estate Range, Ambattur, Chennai.

2. The Inspector of Police, T-1, Ambattur Estate Police Station, Chennai District.

3. R.Devi Bhavani ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C, to direct the first and second respondent to execute the non-bailable warrant dated 05.08.2022 against the third respondent in CC.No.531 of 2019 pending on the file Learned Fast Track Judicial Magistrate Court No.1, Coimbatore. For Petitioner : Mr.P.Muthamizhselvakumar For R1 and R2 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the first and second respondents to execute the non-bailable warrant dated 05.08.2022 against the third respondent in CC.No.531 of 2019 pending on the file of the Fast Track Judicial Magistrate Court No.1, Coimbatore.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 and 2 and perused the materials placed on record.

3. The petitioner is the complainant in CC.No.531 of 2019 on the file of the Fast Track Judicial Magistrate Court No.1, Coimbatore as against the third respondent for the offence punishable under Section 138 of Negotiable Instruments Act. After receipt of the notice, the third respondent failed to appear before the Trial Court. Therefore, the Trial Court issued Non-Bailable Warrant and it is pending on the file of the second respondent from 05.08.2022. However, so far, the second respondent did not take any steps to secure the third respondent by executing the non-bailable warrant issued by the Trial Court.

4. In view of the above, the second respondent is directed to execute

the non-bailable warrant in CC.No.531 of 2019 as against the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order, if not already executed. The petitioner is directed to furnish the correct address of the third respondent and co-operate with the second respondent while executing the non-bailable warrant issued as against the third respondent.

5. With the above directions, this Criminal Original Petition stands disposed of.

10.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Fast Track Judicial Magistrate Court No.1, Coimbatore.

2. The Assistant Commissioner of Police, O/o Assistant Commissioner of Police, Ambattur Estate Range, Ambattur, Chennai.

3. The Inspector of Police, T-1, Ambattur Estate Police Station, Chennai District.

4. The Public Prosecutor, High Court, Madras.

10.02.2025