Madras High CourtCRL OP/4094/2024disposed of

P.Vasuki v. G.Gopalakrishnan

2024-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Vasuki ... Petitioner Vs.

1.G.Gopalakrishnan 2.State by The Inspector of Police, North Police Station, 484V+G2G, Kumaran Road, Kannipiran Colony, Valipalayam, Tiruppur, Tamil Nadu 641 602.

... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to issue suitable directions to the second respondent to execute the nonbailable warrant issued on 20.10.2023 by the XXIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.7193 of 2017 within the time fixed by this Hon'ble Court.

For Petitioner : Mr.G.Murugendran For Respondents : Mr.A.Damodaran for R2 Additional Public Prosecutor 1/4

O R D E R

This criminal original petition has been filed seeking a direction to the second respondent police to execute the non-bailable warrant issued on 20.10.2023 by the XXIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.7193 of 2017.

2.Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing on behalf of the second respondent. 3.Learned Additional Public Prosecutor submitted that the case is posted for hearing on 28.02.2024 before the Court below. 4.The learned counsel for the petitioner submitted that the first respondent is going to surrender before the Court below and file an application to recall the non bailable warrant. 5.In the light of the above development, since the first respondent is going to go and surrender and seek for recall of the non bailable warrant, it is left open to the Court below to deal with the same on its own merits and in accordance with law. Since the calender case pertains to the year 2017, there shall be a direction to 2/4

the Court below to complete the proceedings in C.C.No.7193 of 2017, within a period of three months from the date of receipt of a copy of this order.

6.Compliance report shall be filed by the Court below before the Registrar General of Madras High Court.

7.With the above direction, this criminal original petition is disposed of.

26.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, North Police Station, 484V+G2G, Kumaran Road, Kannipiran Colony, Valipalayam, Tiruppur, Tamil Nadu 641 602.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri 26.02.2024 4/4