S. Jawahar v. M/S Blue Mountain Engineers

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26950 of 2015 S.Jawahar ... Petitioner Vs

1. M/s.Blue Mountain Engineers rep by its Managing Partner V.Yesudasan at No.101 Mount Road, Coonoor, The Nilgiris.

2. V.Babu Mohandas

3. V.Joseph Daniel

4. V.Samuel Backyaraj

5. V.Yesudasan

6. State rep by Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris - 643 101.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 6th respondent to execute the non-bailable warrant issued against the respondents 2 to 5 issued in C.C.No.51 of 2010 on the file of the learned Judicial Magistrate, Ooty, The Nilgiris.

For Petitioner : Mr.J.Bharathiraja For Respondents : Mr.C.Emalias Additional Public Prosecutor for R6

O R D E R

This petition has been filed seeking for a direction to the 6th respondent to execute the non-bailable warrant issued against respondents 2 to 5 issued in C.C.No.51 of 2010 on the file of the learned Judicial Magistrate, Ooty, The Nilgiris.

2. The only grievance expressed by the petitioner is that the case is pending from the year 2010 onwards. Since the respondents 2 to 5 did not appear before the trial Court, Non Bailable Warrant has been issued in C.C.No.51 of 2010 by the learned Judicial Magistrate, Ooty, The Nilgiris. But till date no action was taken by the 6th respondent to execute the Non Bailable Warrant issued against the respondents 2 to 5. Hence, the petitioner has come forward with this petition. https://hcservices.ecourts.gov.in/hcservices/

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 6th respondent.

4. Considering the submissions made on either side, this Court directs the 6th respondent to execute the Non Bailable Warrant issued against the respondents 2 to 5, in C.C.No.51 of 2010 by the learned Judicial Magistrate, Ooty, The Nilgiris, as early as possible, preferably, within a period of one month from the date of receipt of a copy of this order.

5. This Criminal Original Petition is disposed of accordingly. Vsm Sd/- Assistant Registrar (CCC) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris - 643 101.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate, Ooty, The Nilgiris

4. The Chief Judicial Magistrate, Ooty, The Nilgiris +1 C.C. To MR.J.Bharathiraja, Advocate in SR.NO.63286 Crl.O.P.No.26950 of 2015 VS(CO) sd : 09/12/2015 https://hcservices.ecourts.gov.in/hcservices/