Sarika @ Raja v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9751 of 2025 Sarika @ Roja ... Petitioner Vs.

1. The Assistant Commissioner of Police, Pulianthope, Chennai District.

2. The Inspector of Police, All Women Police Station, Pulianthope Police Station, Chennai.

3.Tamilarasan .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents 1 and 2 to execute the Non-Bailable Warrant issued by the learned Additional Mahila Court, Egmore, Chennai in D.V.C. No.82 of 2017 and secure the 3rd respondent before the trial court within a time frame as fixed by this Hon'ble Court.

For Petitioner : Mr. T.K.S.Gandhi For R1 & R2 : Mr. A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed directing the first and second respondents to execute the non-bailable warrant issued by the learned Additional Mahila Court, Egmore, Chennai in DVC.No.82 of 2017 as against the third respondent within a time frame.

2. Heard the learned counsel for the petitioner and the learned Government Advocate and perused the materials available on record.

3. The petitioner, who is the wife of the third respondent herein has filed a complaint in D.V.C.No.82 of 2017 on the file of the learned Additional Mahila Court, Egmore, Chennai, and the same was ordered on 30.11.2023 with the directions that the second and third respondents are directed to pay Rs.1,00,000/- and the first respondent is directed to pay Rs.20,00,000/- along with monthly income of Rs.10,000/- per month. The third respondent did not file any appeal against the order and the order passed by the Trial court becomes final. However, the third respondent did not comply the said order. Hence, the petitioner approached the trial court for the execution of the said order and the trial

court issued warrant and it is pending on the file of the second respondent.

4. Considering the above facts and circumstances of the case, the second respondent is directed to execute the non-bailable warrant in DVC.No.82 of 2017 within a period of 12 weeks from the date of receipt of a copy of this order. However, the petitioner is directed to furnish the correct address of the third respondent and co-operate while executing the non-bailable warrant as against the third respondent.

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

02.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order drl

To

1. The Assistant Commissioner of Police, Pulianthope, Chennai District.

2. The Inspector of Police, All Women Police Station, Pulianthope Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

4.The Additional Mahila Court, Egmore, Chennai.

G.K.ILANTHIRAIYAN, J.

drl ` Crl.O.P.No. 9751 of 2025 02.04.2025