Arihanth Logistics v. Murugan Mini Service

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M/s.Arihanth Logistics Represented by its Proprietors U.Manuchand Gulecha 270, Linghi Chetty Street Chennai - 600 001 ... Petitioner Vs.

1. M/s.Murugan Mini Service Represented y its Proprietors Ganesh Plot No.19, Mariyammal Nagar Main Road Kavangaari, Chennai - 600066

2. Praveena

3. State Rep. by The Inspector of Police M-3 Puzhal Police Station, Chennai ... Respondents 1/5

Prayer: Criminal Original Petition filed under Section 528 of BNSS to direct the third respondent to execute the Non Bailable Warrant issued by the Fast Track Court IV Magistrate at George Town, Chennai in C.C.No.3107 of 2022 on 27.03.2024.

For Petitioner : Mr.M.Muthuraja For 3rd Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the third respondent to execute the Non Bailable Warrant issued by the learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai in C.C.No.3107 of 2022 on 27.03.2024.

2. Heard and perused the material available on record.

3. Though the petitioner states that the Non Bailable Warrant was issued against the accused on 27.03.2024, he has not produced the copy of the Non Bailable Warrant.

4. It is pertinent to state that Non Bailable Warrant cannot be issued in a blanket manner without any specific time limit. If any Non Bailable Warrant is issued, the police have to secure the accused within the stipulated time or else, 2/5

they have to return the warrant to the Magistrate by filing a memo and as such, the complainant can to approach the Magistrate concerned for further directions. The police cannot keep the warrant pending without executing the same beyond the stipulated period.

5. In the instant case, the Non Bailable Warrant has been issued on 27.03.2024. If at all the Non Bailable Warrant has not been executed within the stipulated time, the petitioner ought to have approached the Magistrate for further dictions. Instead of approaching the Magistrate concerned, he has filed the present petition before this Court after a period of one year from the date of issuance of the alleged Non Bailable Warrant. Therefore, this Court is not inclined to entertain this petition.

6. However, now learned Government Advocate (Crl. Side) appearing for the third respondent police submits that the third respondent police have obtained a fresh warrant and executed the same yesterday i.e. on 28.07.2025.

7. Hence, this Criminal Original Petition is dismissed. 29.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

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

2. The Inspector of Police M-3 Puzhal Police Station Chennai 3.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

Ksa-2 29.07.2025 5/5