Madras High CourtCRL OP/22483/2019disposed of

L.Meharaj Fathima Gani v. The Inspector Of Police

2019-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.22483 of 2019 L.Meharaj Fathima Gani ... Petitioner Vs.

The Inspector of Police, G1 Mathuranthagam Police Station, Kancheepuram District.

... Respondent PRAYER:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to execute the warrant issued by the learned Judicial Magistrate, Maduranthakam in C.C No.137 of 2018 dated 30.04.2019. For Petitioner : Mr.Gomathi Panchu For Respondent : Mr.Mohammed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to execute the NBW issued by the Court below against the accused person in C.C No.137 of 2018.

2. The petitioner is the de-facto complainant and the case in C.C No.137 of 2018 is at the stage of trial. During the course of trial, A2 did not appear before the Court at the time of hearing and therefore, an Non-bailable warrant was issued against A2 on 30.04.2019.

3. The grievance of the petitioner is that this NBW has not been executed till date and therefore, there is absolutely no progress in the trial.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent to https://hcservices.ecourts.gov.in/hcservices/

execute the NBW issued against A2 (S.Sekar) and produce him before the Court below within a period of three weeks from the date of receipt of copy of this order. It is left open to the Court below to take an appropriate decision after the accused person is produced before the Court.

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

Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar uma To:

1. The Judicial Magistrate, Maduranthakam.

2. The Inspector of Police, G1 Mathuranthagam Police Station, Kancheepuram District.

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

+1cc to Mr.Gomathi Panchu, Advocate, S.R.No.71408 Crl.O.P.No.22483 of 2019 NMI(CO) CS/10/09/2019 https://hcservices.ecourts.gov.in/hcservices/