N.Ravichandran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN N.Ravichandran

...Petitioner

Vs.

State represented by:

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

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to execute the Non-bailable Warrant dated 19.01.2023 issued against the accused namely R V Narmadha residing at Plot No.2, Door No.8/D.E, K G Nagar, 3rd Street, Behind S R Kalyana Mahal, Thiruninrawoor, Chennai 602 024 in C.C.No.465 of 2016 on the file of Judicial Magistrate, Fast Track Court, Alandur. For Petitioner : M/s Shaikh Mehrunnisa Kasim For Respondent : Mr.S.Santhosh Government Advocate (Criminal 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 R V Narmadha residing at Plot No.2, Door No.8/D.E, K G Nagar, 3rd Street, Behind S R Kalyana Mahal, Thiruninrawoor, Chennai 602 024 in C.C.No.465 of 2016 on the file of Judicial Magistrate, Fast Track Court, Alandur.

2. It is the submission of the learned counsel for the petitioner that the petitioner filed a case under Section 138 of Negotiable Instruments Act against the accused in C.C.No.465 of 2016 on the file of learned Judicial Magistrate, Fast Track Court, Alandur. The trial Court found the accused guilty and sentenced to undergo simple imprisonment for a period of one year with further direction to pay a compensation of Rs.8,95,901/- under Section 357(3) Cr.P.C. The accused filed an appeal against the Judgment of the Trial Court in Crl.A.No.40 of 2018 on the file of the learned Principal District and Sessions Judge, Kancheepuram District, Chengalpattu and the same was dismissed on 07.02.2022, confirming the Judgment of the Trial Court. Thereafter, the learned Judicial Magistrate, Fast Track Court, Alandur issued non-bailable warrant for arresting the accused in order to

comply with the Judgment of conviction imposed in C.C.No.465 of 2016. Though, NBW was issued on 19.01.2023, till now, the respondent Police has not executed the non-bailable warrant. Therefore, this petition.

3. In response, the learned Government Advocate (Crl.Side) submitted that the non-bailable warrant will be executed soon.

4. In the light of the submissions made by the learned counsel appearing for the parties, this Court directs the respondent to execute the non-bailable warrant against the accused in C.C.No. 465 of 2016, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. 30.03.2023 mn Index:Yes/No Speaking Order: Yes/No

G.CHANDRASEKHARAN.J., mn 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 of Madras.

30.03.2023