Sree Venkateshwarra Filling Station v. P.S.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10771 of 2019 Sree Venkateshwarra Filling Station, rep. by its Manager M.R.Ravi, Elavambedu, Sanaar Palayam Village, Jothi Nagar Post, Ponneri Taluk, Tiruvallur District-601 203.

... Petitioner Vs 1.P.S.Suresh 2.State by Inspector of Police, Kadambattur Police Station, Tiruvallur.

3.The Superintendent of Police, Thiruvallur-602 001.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second and third respondents to execute the warrant issued by the XIX Metropolitan Magistrate Court, Ripon Building, Chennai-600 003 in C.C.No.229 of 2016 against the first respondent. For Petitioner : Mr.Jhothiraman B.S.

For Respondents: Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the 2nd and 3rd respondent to execute the Non-Bailable Warrant issued against the 1st respondent in C.C.No.229 of 2016 by the XIX Metropolitan Magistrate Court, Ripon Building, Chennai-600 003 on 08.02.2018.

2.The petitioner filed a complaint on 27.10.2015 under Section 138 of the Negotiable Insturment Act. The petitioner was issued with a non-bailable warrant by the XIX Metropolitan Magistrate Court, Chennai, on 08.02.2018. But till date, the 2nd and 3rd respondents have not executed the warrant. Hence, https://hcservices.ecourts.gov.in/hcservices/

the petitioner has filed the present petition with the aforesaid prayer.

3.Heard both sides.

4.It is seen that the XIX Metropolitan Magistrate Court, Chennai has issued a non- bailable warrant on 08.02.2018 as against the first respondent in a case in C.C.No.229 of 2016, which was not executed. Hence, there shall be a direction to the 2nd and 3rd respondents to execute the warrant, if it is pending, within a period of four weeks from the date of receipt of copy of this order.

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

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Kadambattur Police Station, Tiruvallur.

2.The Superintendent of Police, Thiruvallur-602 001.

3. The learned XIX Metropolitan Magistrate Court, Chennai 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.S.Jhothiraman, Advocate Sr.39502 Crl.O.P.No.10771 of 2019 rsv[co] srg 12/06/2019 https://hcservices.ecourts.gov.in/hcservices/