Madras High CourtCRL OP/22511/2019disposed of

Shanthi Devi v. The State Rep By

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.22511 of 2019 Shanthi Devi ... Petitioner Vs.

1. The State Rep. By The Inspector of Police, W22 All Women Police Station, Mylapore, Chennai.

2. Ragul Kumar Thanthi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the 1st respondent to execute the non-bailable warrant issued on 13.12.2018 against the 2nd respondent in S.C No.433 of 2018 on the file of the Mahila Court, Chennai.

For Petitioner : Mr.K.Thenrajan For 1st 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 on 13.12.2018.

2. The petitioner is the de-facto complainant and the case in C.C No.433 of 2018 is at the stage of trial. Since the accused person did not appear before the Court below on the date of hearing, an NBW came to be issued against the accused person on 13.12.2018.

3. The grievance of the petitioner is that the 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.

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5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent to execute the NBW issued against the 2nd respondent (Ragul Kumar Thanthi) 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/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1. The Judge, Mahila Court, Chennai.

2.The Inspector of Police, W22 All Women Police Station, Mylapore, Chennai.

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

Crl.O.P.No.22511 of 2019 cnr(co) nr 24/09/2019 https://hcservices.ecourts.gov.in/hcservices/