S.Chitra v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.14794 of 2019 S.Chitra ... Petitioner Vs.

1.The Superintendent of Police, Villupuram.

2.The Inspector of Police, Chinasalem Police Station, Chinasalem Taluk, Villupuram District.

3.The Sub Inspector of Police, Keelkuppam Police Station, Chennai.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to execute the non bailable warrant issued by the learned Judicial Magistrate Court at Kallakurichi.

For Petitioner : Mr.S.Ramayam For Respondents : M.Mohamed Riyaz, APP

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 3rd respondent to execute the non bailable warrant issued by the learned Judicial Magistrate, Kallakurichi, which was pending for more than 1 1/2 years.

2. The learned counsel for the petitioner submitted that the petitioner has filed a maintenance petition before the Court below and the same is pending in M.C.No.10 of 2016. The learned counsel further submitted that the petitioner filed a petition for claiming maintenance and the same was allowed and the https://hcservices.ecourts.gov.in/hcservices/

respondent-husband was directed to pay the maintenance. This order was not complied with, and therefore, a petition was filed to execute the order of maintenance. In the meantime, the husband illegally entered into a 2nd marriage, and therefore another complaint was filed in C.C.No.412 of 2017. Due to the non appearance of the husband, NBW was issued by the Court below and the same remains un executed for the last 1 1/2 years. Therefore, the present petition has been filed seeking for appropriate directions.

3. The 3rd respondent is directed to execute the non bailable warrant issued by the learned Judicial Magistrate, Kallakurichi in C.C.No.412 of 2017, within a period of one month from the date of receipt of a copy of the order.

This Criminal Original Petition is disposed of with the above direction.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar KP To 1.The Superintendent of Police, Villupuram.

2.The Inspector of Police, Chinasalem Police Station, Chinasalem Taluk, Villupuram District.

3.The Sub Inspector of Police, Keelkuppam Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Ramayam , Advocate SR.No. 46637 Crl.O.P.No.14794 of 2019 ssv (CO) A.SK(28/06/2019) https://hcservices.ecourts.gov.in/hcservices/