Madras High CourtCRL OP/28681/2022closed

Dhanam v. The Superintendent Of Police

2022-11-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA 1.Dhanam

2. Minor N.R.Suryashri represented by her mother Natural Guardian Dhanam ... Petitioners Vs.

1. The Superintendent of Police, Pudukottai District.

2. The Inspector of Police, Vallathirakottai Police Station, Pudukottai District.

3. M.Nagaraj ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to execute the Non-Bailable Warrant dated 25.10.2021 issued in C.M.P.N o.707 of 2018 by the learned II Additional Family Court, Chenna against the third respondent.

For Petitioner : Mr.R.Prabakar For Respondent : Mr. S.Santhosh Government Advocate (Crl.side)

O R D E R

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This Criminal Original Petition has been filed to direct the respondents 1 and 2 to execute the Non-Bailable Warrant dated 25.10.2021 issued in C.M.P.No.707 of 2018 by the learned II Additional Family Court, Chenna against the third respondent.

2. The petitioners are the wife and daughter of the third respondent respectively. The first petitioner has filed a maintenance case in M.C. No.368/2016 and got an order in her favour. Since the third respondent did not obey the order of the Court and failed to pay the maintenance, she has filed a petition under Section 128 Cr.P.C. in Crl.M.P. No.707/2018 for recovering the same and in which distress warrant has also been issued against the third respondent. But so far it has not been executed.

3. The learned Government Advocate (Crl.side) submitted that the third respondent died on 16.10.2022 in a doubtful manner and due to which a case has been registered in Cr. No.102/2022.

4. In view of the submission of the learned Government Advocate, 2/4

nothing survives for further adjudication in this case and hence closed. 23.11.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1. The Superintendent of Police, Pudukottai District.

2. The Inspector of Police, Vallathirakottai Police Station, Pudukottai District.

3.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn 23.11.2022 4/4