E.Shanbagavalli v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11016 of 2025 E.Shanbagavalli ....

Petitioner Vs 1.The State Rep.by, The Inspector of Police R-7, Police Station, No.36, P T Rajan Salai, K.K.Nagar, Chennai.

2.T.Karthick ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 1st respondent to execute the warrant issued by the District Consumer Disputes Redressal Commission, Chennai South in E.A.No.3 of 2021 in C.C.No.321 of 2014 dated 26.04.2024 against the 2nd respondent.

For Petitioner : Mr.M.Santhosh For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 1st respondent to execute the warrant issued by the District Consumer Disputes Redressal Commissioner, Chennai South in E.A.No.3 of 2021 in C.C.No.321 of 2014 dated 26.04.2024 against the 2nd

respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The petitioner is the complainant in C.C.No.321 of 2014 on the file of the District Consumer Disputes Redressal Commission, Chennai South, as against the second respondent for deficiency in service alleging that the second respondent failed to construct the flat in accordance with law with the specifications agreed between the parties. The District Consumer Commission, by an order dated 24.05.2019, directing the second respondent to pay a sum of Rs.2,85,000/-. The second respondent neither preferred any appeal and not complied with the order. Therefore, the petitioner filed a petition in E.A.No.3 of 2021 seeking to recover the award amount. On receipt of the summon, the second respondent failed to appear before the Trial Court and as such, the Trial Court issued a Non-Bailable Warrant, which 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 issued as against the second respondent within a period of twelve 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 to cooperate while executing the Non-Bailable Warrant.

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

15.04.2025 (1⁄2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The District Consumer Disputes Redressal Commission, Chennai South 2.The Inspector of Police R-7, Police Station, No.36, P T Rajan Salai, K.K.Nagar, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.11016 of 2025 (1⁄2) 15.04.2025