P.Dayalan v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.3652 of 2023 P.Dayalan ... Petitioner Vs.

1.The Commissioner of Police, Veppery, Chennai.

2.The Assistant Commissioner of Police, Teynampet Police Station, Chennai.

3.The Inspector of Police, E-3, Teynampet Police Station, Chennai.

4.S.Ramesh ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent to execute the non-bailable warrant issued in STC No.607 of 2019 on the file of the learned Judicial Magistrate (FTC), Poonamallee against the fourth respondent/accused within specified time. For Petitioner : Mr.Genicon and Associates 1/6

For Respondents : Mr.S.Santhosh (R1 to R3) Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the third respondent to execute the non-bailable warrant issued in STC No.607 of 2019 on the file of the learned Judicial Magistrate (FTC), Poonamallee against the fourth respondent/accused within specified time. 2.The learned counsel for the petitioner submitted that the learned Judicial Magistrate (FTC), Poonamallee, issued warrant against the fourth respondent in S.T.C.No.607 of 2019 on 16.11.2021. Till now, the warrant is not executed. Therefore, this petition.

3.The learned Government Advocate (Criminal side) submitted that respondent claims that warrant is not received by the respondent Police. However, after receiving copy of this petition, physical verification of fourth respondent's address was made and found that fourth respondent is not residing in the said address.

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4.Therefore, petitioner is directed to approach the learned Judicial Magistrate (FTC), Poonamallee, with correct address of the fourth respondent and with the request for issuing a fresh warrant against the fourth respondent. On such issuance of fresh warrant, the third respondent is directed to execute the warrant immediately.

5.With the above observations and direction, the Criminal Original Petition stands disposed of.

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To 1.The Commissioner of Police, Veppery, Chennai.

2.The Assistant Commissioner of Police, Teynampet Police Station, Chennai.

3.The Inspector of Police, E-3, Teynampet Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

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G.CHANDRASEKHARAN,J.

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