K.Ganesan v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17368 of 2019 K.Ganesan .. Petitioner -vs1.State: Inspector of Police, Villivakkam Police Station, Chennai-600 049.

2.P.V.Sundram .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st Respondent concerned to execute the non bailable warrant dated 24.06.2019 in C.C.No.37 of 2005 on the file of the Judicial Magistrate-I, Krishnagiri against the 2nd respondent.

For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the 1st respondent to execute the non bailable warrant issued against the 2nd respondent by the Judicial Magistrate No.I, Krishnagiri. 2.The petitioner is the complainant in the 138 proceedings initiated by him against the 2nd respondent. This complaint is pending from the year 2005 onwards. Since the 2nd respondent did not appear before the Court, non bailable warrant was issued against the 2nd respondent in the year 2018 itself. However the 2nd respondent was not secured by the 1st respondent and therefore the non bailable warrant is being extended from time to time. 3.The learned counsel for the petitioner submitted that the petitioner has taken various efforts to get the non bailable warrant executed against the 2nd respondent. But however till date the 1st respondent has not taken any effective steps to secure the 2nd respondent and produce him before the Court below. https://hcservices.ecourts.gov.in/hcservices/

4.Taking into consideration the facts and circumstances of the case, there shall be a direction to the 1st respondent to secure the 2nd respondent pursuant to the non bailable warrant issued against him and produce the 2nd respondent before the Judicial Magistrate No.1, Krishnagiri within a period of four weeks from the date of receipt of a copy of this order. 5.This Criminal Original Petition is disposed of accordingly.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar vs/jas To 1.The Judicial Magistrate No.I, Krishnagiri.

2.The Inspector of Police, Villivakkam Police Station, Chennai-600 049.

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

+1cc to Mr.M.P.Saravanan, Advocate, S.R.No.56018 Crl.O.P.No.17368 of 2019 PA(CO) RRS(01/08/2019) https://hcservices.ecourts.gov.in/hcservices/