S Nathiya v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Nathiya ... Petitioner Vs
1. The Inspector of Police, V-4, Rajamangalam Police Station, No.39, 1st Main Road, Kolathur, Chennai - 99.
2. P.Senthil Kumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to issue a necessary direction to the first respondent police to execute the Bailable Warrant dated 30.04.2024 issued by the learned II Additional Family Judge, Chennai in M.P.No.725 of 2021 in M.C.No.53 of 2018. For Petitioner : Mr.S.Sivakumar For R1 : Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to issue necessary direction to the first respondent police to execute the Bailable Warrant dated 30.04.2024 issued by the learned II Additional Family Judge, Chennai in
M.P.No.725 of 2021 in M.C.No.53 of 2018.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.
3. The petitioner is the wife of the second respondent. Due to misunderstanding, they got separated and the petitioner was unable to maintain her son. Therefore, she filed a petition seeking maintenance in M.C.No.53 of 2018, on the file of the II Additional Family Judge, Chennai and the same was allowed and directed the respondent to pay a sum of Rs.15,000/- as monthly maintenance.
4. Subsequently, the petitioner filed an application in M.P.No.725 of 2021 in M.C.No.53 of 2018 for return of jewels and other articles. However, on receipt of the said notice, the respondent did not appear before the Trial Court and as such, the Trial Court issued Non Bailable Warrant as against the second respondent and it is pending on the file of the first respondent.
5. 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 to the first respondent and co-operate while executing the Non-Bailable Warrant issued as against the second respondent.
6. With the above directions, this Criminal Original Petition stands disposed of.
09.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J,
mn To
1. The II Additional Family Judge, Chennai.
2. The Inspector of Police, V-4, Rajamangalam Police Station, No.39, 1st Main Road, Kolathur, Chennai - 99.
3. The Public Prosecutor, High Court, Madras.
09.04.2025