M.Gagan Bothra v. The Inspector Of Police, Law And Order,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.21693 of 2019 M.Gagan Bothra ... Petitioner Vs.

1. The Inspector of Police, (Law and Order) T-2, Poonamallee Police Station, Chennai - 600 056

2. The Inspector of Police, Kilpauk Police Station, Chennai - 600 010.

.. Respondents

3. R.Anbarasu

4. P.Mani .. Respondents/ Convicted accused Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to secure the convicted accused 3 and 4 within 2 weeks in view of the judgment passed by this Court in Crl.R.C.No.870, 871 and 872 of 2017.

For Petitioner : Mr.P.Gagan Bothra (Party-in-person) For Respondents : Mr.M.Mohamed Riyaz,(for R1 & R2) Additional Public Prosecutor

O R D E R

This petition has been filed for a direction to the respondent police to execute the Non-Bailable Warrant and secure P.Mani (A4), to be produced before the Trial Court to make him undergo the imprisonment imposed for the offence committed under Section 138 of the Negotiable Instruments Act. 2.It is seen from records that the conviction has been confirmed by this Court in Crl.R.C.No.872 of 2017 as against A4 by order dated 24.07.2019. This Court had also directed the https://hcservices.ecourts.gov.in/hcservices/

Trial Court to issue warrant to secure the accused person and to commit him to prison to undergo the period of sentence. 3.The grievance of the petitioner is that A4 has not been secured inspite of the direction given by this Court. 4.Heard the petitioner appearing in person 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 2nd respondent to execute the warrant and secure P.Mani (A4) and produce him before the IVth Metropolitan Magistrate, Fast Track Court, George Town, Chennai, within a period of three weeks from the date of receipt of copy of this order and the concerned Court shall thereafter commit the accused person to prison to undergo the period of sentence.

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

Sd/- Deputy Registrar (CJ Conf.,) //True Copy// Sub Assistant Registrar jas/vs To

1. The IVth Metropolitan Magistrate, Fast Track Court, George Town, Chennai.

2. The Inspector of Police, (Law and Order) T-2, Poonamallee Police Station, Chennai - 600 056

3. The Inspector of Police, Kilpauk Police Station, Chennai - 600 010.

4. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.P.Gagan Bothra, Advocate, S.R.No.69151 Crl.O.P.No.21693 of 2019 CA(CO) SSM(12/09/2019) https://hcservices.ecourts.gov.in/hcservices/