P.Kalpana @ Mary Jeniper v. Daniel @ Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. P.Kalpana @ Mary Jeniper

2. Minor D.Aghash

3. D.Immanuvel @ Anandan ( Minor)

4. D.Samuel Murali (Minor) Represented by Mother and Natural Guardian, P.Kalpana @ Mary Jeniper .. Petitioners Vs.

1. Daniel @ Radhakrishnan

2. The Inspector of Police, Sholinghur Police Station, Ranipet District Pin Code - 631 102.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to execute the warrant dated 22.06.2022 against the 1st respondent in CMP.No.1303 of 2021 in M.C.No.9 of 2010 on the file of the Hon'ble Judicial Magistrate at Arakkonam, Ranipet District.

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For Petitioner : Mr.Pari Gopal For Respondent No.2 : A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been field for a direction to the 2nd respondent police to execute the warrant issued by the 1st respondent dated 22.06.2022. 2.

When the matter came up for hearing on 17.07.2023, this Court passed the following order :- Mr.S.Muthukumar, Special Sub-Inspector of Police, Sholinghur Police Station [9498149843], was present at the time of hearing.

2. The learned Additional Public Prosecutor on instructions submitted that the second respondent police has not received any warrant from the Court below.

3. It is seen from records that distraint warrant has been issued as early as on 22.06.2022. In view of the same, the second respondent shall collect the warrant from the concerned court 2/5

and execute the same and report compliance before this Court. Post this case under the same caption on 31.07.2023. 3.

The matter was taken up for hearing today, the learned Government Advocate produced the distraint warrant. This warrant was issued on 14.10.2020 and it has been addressed to the District Collector, Ranipet District to recover the arrears of maintenance payable by the 1st respondent.

4.

In view of the above, no direction can be issued to the 2nd respondent police. There shall be a direction to the District Collector, Ranipet, to act upon the distraint warrant issued by the learned Judicial Magistrate, Arakonam, and take all steps to recover the arrears of maintenance from the 1st respondent. This process shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5.

This Criminal original petition is disposed of with the above directions.

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6.

The Registry is directed to mark a copy of this order to the District Collector, Ranipet District.

31.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Inspector of Police, Sholinghur Police Station, Ranipet District.

2. The Judicial Magistrate, Arakkonam, Ranipet District.

3. The Public Prosecutor Madras High Court, Madras.

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N.ANAND VENKATESH, J rka 31.07.2023 5/5