Madras High CourtCRL OP/1939/2016disposed of

B.Jayachitra v. State Of Tamilnadu Rep By

2016-01-29Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1939 of 2016 1.B.Jayachitra 2.G.J.Karishma ... Petitioners Vs State of Tamil Nadu Rep by The Inspector of Police, Thirukuvalai Police, Nagapattinam, Nagapattinam District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent herein to execute the Non-Bailable Warrant in M.C.No.487/12 on the file of learned II Additional Family Court against Mr.S.Govinda Kumar, S/o.G.Shivashanmugam, No.1/34. Muthumariamman Koil Street, Melavazhakarai, Thirukuvalai Taluk, Nagapattinam District, pending on the file of the respondent.

For Petitioner :

Mr.Vimal B.Crimson For Respondent :

Ms.C. Emalias, Additional Public Prosector -

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent herein to execute the NonBailable Warrant in M.C.No.487 of 2012 on the file of learned II Additional Family Court against Mr.S.Govinda Kumar, S/o.G.Shivashanmugam, No.1/34, Muthumariamman Koil Street, Melavazhakarai, Thirukuvalai Taluk, Nagapattinam District.

2. The petitioner herein filed a maintenance petition before the Family Court, Chennai against her husband Mr.S.Govindakusmar, S/o. G.Shivashanmugam for herself and for her minor daughter in M.C.No.487 of 2011. The learned Judge ordered for maintenance and directed the petitioner's husband to https://hcservices.ecourts.gov.in/hcservices/

pay the maintenance and arrears amount. The husband of the petitioner evaded to appear before the Family Court. Hence, Non Bailable Warrant was issued against him. But, till date no action was taken by the respondent police to execute the Non Bailable Warrant. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

4. Considering the submissions made on either side, this Court directs the respondent police to execute the Non Bailable Warrant issued by the II Additional Family Court, Chennai against Mr.S.Govinda Kumar, S/o.G.Shivashanmugam. in M.C.No.487 of 2012 as early as possible.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police, Thirukuvalai Police, Nagapattinam, Nagapattinam District.

2.The II Additional Family Court, Chennai.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.Vimal.B Crimson, Advocate SR.6309 Crl.O.P.No.1939 of 2016 KGK(CO) Eu 23.02.16 https://hcservices.ecourts.gov.in/hcservices/