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Madras High CourtCRL OP/6346/2025disposed of

C.Madhaiyyan v. The Inspector Of Police,

2025-03-06Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Madhaiyyan ... Petitioner Vs

1. The Inspector of Police, Karimangalam Police Station, Dharmapuri District - 635 111.

2. P.Sivakumar ... Respondents Prayer:Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the 1st respondent Police to execute the Non-Bailable Warrant issued against the 2nd respondent in STC No.100 of 2023 by the Judicial Magistrate, Karimangalam, Dharmapuri District. For Petitioner : Mr.R.Thanigai Arasu For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side) (for R1)

ORDER

This petition has been filed to direct the 1st respondent Police to execute the Non-Bailable Warrant issued against the 2nd respondent in STC No. 100 of 2023, on the file of the Judicial Magistrate, Karimangalam, Dharmapuri District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The petitioner is a complainant in the complaint lodged for the offences under Section 138 of the Negotiable Instruments Act, as against the second respondent. On receipt of the summons, the second respondent failed to appear before the Trial Court. As such, the Trial Court issued a Non-Bailable Warrant against the second respondent, and it is pending on the file of the first respondent.

4. In view of the above, the first respondent is directed to execute the Non-Bailable Warrant as against the second respondent, issued in STC No. 100 of 2023, on the file of the Judicial Magistrate, Karimangalam, Dharmapuri District, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the correct address of the second respondent and co-operate with the first respondent while executing the Non-Bailable Warrant.

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

06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Inspector of Police, Karimangalam Police Station, Dharmapuri District - 635 111.

2. The Judicial Magistrate, Karimangalam, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 06.03.2025