M/S.Pon Pure Chem (P) Ltd., v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM CRL.OP.No.3755 of 2017 M/s.Pon Pure Chem (P) Ltd., presently renamed as M/s.Pon Pure Chemical India (P) Ltd., Rep. by Mr.Jino Antony.

.. Petitioner Vs 1.The Inspector of Police - Law & Order D-5, Sipcot Police Station Ranipet.

2.The Superintendent of Police Vellore District.

3.T.Devadoss, Proprietor M/s.India Leathers No.15, SIDCO Pulianthangal Ranipet- 632 403.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1st respondent police to execute the order of Non Bailable Warrant pending against the accused / Respondent No.3 issued by the Hon'ble 2nd Metropolitan Magistrate, Egmore, Chennai in C.C.No.16099 of 2008 within a stipulated time.

For Petitioner : Mr.G.Moorthi For R1 & R2 : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition is filed for a direction to the 1st respondent police to execute the Non-Bailable Warrant issued by the 2nd Metropolitan Magistrate, Egmore in C.C.No.16099 of 2008.

2.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for 1st & 2nd respondents and perused the materials placed on records.

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

3. The learned counsel appearing for the petitioner would submit that the petitioner filed a private complaint against the 3rd respondent / accused before the 2nd Metropolitan Magistrate, Egmore, Chennai for offence under Section 138 of the Negotiable Instruments Act. After trial, he was convicted and sentenced to undergo Simple Imprisonment for one year and to pay a fine of Rs.5,000/-, which was confirmed by the Vth Additional Sessions Judge, Chennai in C.A.No.18 of 2011.

4. The revision in Crl.R.C.No.1449 of 2011 was filed by the 3rd respondent before this Court, which was dismissed on 24.03.2014.

5. The learned counsel appearing for the petitioner would further submit that the learned II Metropolitan Magistrate, Egmore, Chennai had issued a non-bailable warrant on 16.04.2014, but it was not executed by the 1st respondent. Hence the petition is filed.

6. Considering the fact, the 2nd respondent is directed to form a special team to secure the accused in pursuant to the warrant issued in C.C.No.16099 of 2008 by the II Metropolitan Magistrate, Egmore, Chennai.

Post on 20.03.2017 for "Reporting Compliance." Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police - Law & Order D-5, Sipcot Police Station Ranipet.

2.The Superintendent of Police Vellore District.

3.The Public Prosecutor, High Court, Madras.

4.The Section Officer, Criminal Section, High Court, Madras.

CRL.OP.No.3755 of 2017 VSN(CO) VR(06/03/2017) https://hcservices.ecourts.gov.in/hcservices/