M.Mujibur Rahuman v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Mujibur Rahuman ... Petitioner Vs

1. The Superintendent of Police, Ranipet District, Municipality Campus, Muthukadai, Ranipet.

2. The Inspector of Police, D-1, Ranipet Police Station, R.R.Road, Ranipet, Ranipet District-632 401.

3. Loganathan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to direct the first and second respondent to execute the non bailable warrant issued against third respondent in CC No.847 of 2021 pending on the Fast Track Court-IV, Metropolitan Magistrate Courts, George Town, Chennai. For Petitioner : Mr.I.Abdul Basith For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition has been filed seeking direction directing the first and second respondent to execute the non bailable warrant issued against third respondent in CC No.847 of 2021 pending on the Fast Track Court-IV, Metropolitan Magistrate Courts, George Town, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first and second respondents and perused the materials placed on record.

3. The petitioner is a complainant and the third respondent is the accused in the complaint lodged by the petitioner in C.C.No.847 of 2021 for the offence punishable under Section 138 of Negotiable Instruments Act. After receipt of the summons from the Trial Court, the third respondent failed to appear before the Trial Court and evaded so far. Therefore, the Trial Court issued Non Bailable Warrant as against the third respondent and it is pending on the file of the second respondent. However, so far, the second respondent failed to execute Non Bailable Warrant issued as against the third respondent.

4. In fact, already this Court directed the second respondent to

execute the Non Bailable Warrant in Crl.O.P.No.17100 of 2023, by an order dated 31.07.2023. However, so far, the second respondent did not comply with the order passed by this Court.

5. In view of the above, the second respondent is directed to execute the Non Bailable Warrant issued as against the third respondent in C.C.No.847 of 2021, within a period of eight weeks from the date of receipt of a copy of this order. The first respondent shall ensure that the second respondent is complying with the order passed by this Court. The petitioner is directed to furnish the correct address of the third respondent and co-operate with the second respondent while executing Non bailable warrant issued as against the third respondent.

6. With the above directions, this Criminal Original Petition stands disposed of.

26.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Superintendent of Police, Ranipet District, Municipality Campus, Muthukadai, Ranipet.

2. The Inspector of Police, D-1, Ranipet Police Station, R.R.Road, Ranipet, Ranipet District-632 401.

3. The Public Prosecutor, High Court, Madras.

26.02.2025