Madras High CourtCRL OP/7235/2023disposed of

S.Raghavan v. State Rep By

2023-04-03Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.Raghavan ...

Petitioner vs The State represented by The Inspector of Police, T-11 Police Station, Thirunandrawoor, Chennai - 602 024.

...

Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the respondent police to execute the Non Bailable Warrant dated 19.01.2023 issued against the accused namely RV Narmadha Residing at Plot No.2, Door No. 8/D.E KG Nagar, 3rd Street, Behind SR Kalyana Mahal, Thiruninrawoor, Chennai 602 024 in C.C.No.464/2016 on the file of the Judicial Magistrate, Fast Track Court, Alandur. For Petitioner ... Mr.K.Chandrasekaran For Respondent ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police to execute the Non Bailable Warrant dated 19.01.2023 issued against the accused namely RV Narmadha Residing at Plot No.2, Door No. 8/D.E KG Nagar, 3rd Street, Behind SR Kalyana Mahal, Thiruninrawoor, Chennai 602 024 in C.C.No.464/2016 on the file of the Judicial Magistrate, Fast Track Court, Alandur.

2. It is the submission of learned counsel for the petitioner that, the accused in C.C.No.464 of 2016 was convicted and sentenced by learned Judicial Magistrate, Fast Track Court, Alandur, under Section 138 of Negotiable Instruments Act. Against the said Judgment and conviction, accused filed an Appeal in Crl.A.No.39 of 2018 and the same was dismissed on 07.02.2022. Thereafter, learned Judicial Magistrate, Fast Track Court, Alandur had issued Non Bailable Warrant against the accused for arrest, to facilitate the committal of the person to undergo one year of simple imprisonment and to pay a compensation of Rs.4,81,180/-. Though Non Bailable Warrant was issued on 19.01.2023, no effective steps had been taken by the respondent police for execution of Non Bailable

Warrant, necessitating filing of this petition.

3. In response, learned Government Advocate (Criminal side) submitted that, necessary steps would be taken for arresting the accused and produce before the concerned Court.

4. In the light of the submission of learned Government Advocate (Criminal side), this Court directs the respondent police to arrest the accused, in pursuance to the Non Bailable Warrant issued against the accused in C.C.No.464 of 2016 and produce before the concerned Magistrate Court for further orders.

5. With the above direction, this Criminal Original Petition is disposed of.

03.04.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd

G.CHANDRASEKHARAN, J.

gd To 1.The Judicial Magistrate, Fast Track Court, Alandur.

2.The Inspector of Police, T-11 Police Station, Thirunandrawoor, Chennai - 602 024.

3.The Public Prosecutor, High Court, Madras.

03.04.2023