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Madras High CourtCRL OP/20392/2025dismissed as infructuous

S.Rajendran v. The Commissioner Of Police,

2025-07-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No. 20392 of 2025 S.Rajendran ... Petitioner Vs.

1. The Commissioner of Police, Egmore, Chennai.

2. The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai - 600 004.

3. V.Baskar ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to direct the second respondent to execute the Non-Bailable Warrant issued on 27.12.2024 against the third respondent in pursuant to the judgment dated 19.11.2024 in C.C.No.3651 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court at Magistrate Level-V, Saidapet, Chennai - 15, within a stipulated time. For Petitioner : Mr.K.S.R.Anirudha For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 and R2 1/5

O R D E R

The Criminal Original Petition is filed seeking a direction to the second respondent-Police, to execute the Non-Bailable Warrant issued on 27.12.2024 against the third respondent, in pursuant to the judgment dated 19.11.2024 in C.C.No.3651 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court at Magistrate Level-V, Saidapet, Chennai - 15, within a stipulated time that may be fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record.

3. It is seen from the records that the learned Metropolitan Magistrate, Fast Track Court at Magistrate Level-V, Saidapet, Chennai - 15, vide order dated 19.11.2024 in C.C.No.3651 of 2016 convicted the third respondent herein/accused and subsequently, issued Non-Bailable Warrant against him on 27.12.2024. Since the second respondent-Police has not executed the Non-Bailable Warrant against the third respondent, the present petition is filed by the petitioner. 2/5

4. Today, when the matter was taken up for hearing the learned Government Advocate (Crl.Side) appearing for respondents 1 and 2, on instructions, submitted that pending the present petition, the second respondent-Police executed the Non-Bailable Warrant against the accused/third respondent herein and produced him before the learned Magistrate and he was also remanded to judicial custody.

5. In view of the above submission, the relief sought for by the petitioner in the Criminal Original Petition has become infructuous. Accordingly, the Criminal Original Petition is dismissed as having become infructuous.

21.07.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Metropolitan Magistrate, Fast Track Court at Magistrate Level-V, Saidapet, Chennai - 15.

2. The Commissioner of Police, Egmore, Chennai.

3. The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai - 600 004.

4. The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 21.07.2025 5/5