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Madras High CourtCRL OP/5630/2019disposed of

K.Sivakumar v. State Rep. By

2019-03-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5630 of 2019 K.Sivakumar

...Petitioner

Vs.

1.State rep. by The Commissioner of Police Vepery, Chennai 2.Deputy Commissioner of Police Adayar, Chennai 600 020 3.Inspector of Police ( L & o) Neelankarai Police Station Chennai 600 041

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd and 3rd respondents to execute the Non Bailable Warrant against one J.Venkatraman S/o.Jayaraman, in S.T.C.No.346 of 2015 on the file of the Judicial Magistrate, Fast Track Court, Magisterial Level, Poonamallee. For Petitioner : Mr.K.Venkatesan For Respondent : Mr.C.Raghavan Govt. Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C., to direct the 2nd and 3rd respondents to execute the Non Bailable Warrant against one J.Venkatraman S/o.Jayaraman, in S.T.C.No.346 of 2015 on the file of the Judicial Magistrate, Fast Track Court, Magisterial Level, Poonamallee.

2.The learned counsel for the petitioner would submit that the petitioner filed a complaint under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate Fast Track Court. The accused was convicted and was ordered to undergo sentence of 12 months and Non Bailable Warrant is also

issued on 24.11.2017 executable by the 3rd respondent to produce the convicted person and the warrant remains in force till now. The learned counsel would further submit that the 3rd respondent police has not executed the same till now.

3.Hence, the petitioner filed a petition before the 1st respondent to execute the Non Bailable Warrant pending with the 3rd respondent and to execute the same. The 1st respondent forwarded the said petition to the 2nd respondent i.e. The Deputy Commissioner, Adyar for further action in this matter. Till date no progress was made to execute the Non Bailable Warrant issued by the competent Court. Hence, the petitioner is before this Court.

4.Admittedly, the Non Bailable Warrant is pending on the file of the 3rd respondent. Therefore, the 3rd respondent is hereby directed to execute the Non Bailable Warrant issued by the Judicial Magistrate Fast Track Court, Magisterial Level, Poonamallee against one J.Venkatraman, S/o.Jayaraman in S.T.C.No.346 of 2015 within a period of four weeks from the date of receipt of a copy of this order.

5.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kas/ssr To 1.State rep. by The Commissioner of Police Vepery, Chennai 2.Deputy Commissioner of Police Adayar, Chennai 600 020 3.Inspector of Police ( L & o) Neelankarai Police Station Chennai 600 041

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

Crl.O.P.No.5630 of 2019 nr 09/04/2019