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Madras High CourtCRL OP/27021/2019disposed of

Galaxy Granites Pvt Ltd., v. The Inspector Of Police

2020-02-21Honourable Mr Justice P. Rajamanickam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.27021 of 2019 Galaxy Granites Pvt Ltd., rep by its Director Mr.SudhirGoenka, Chennai ....Petitioner Vs.

1. The Inspector of Police, Dharmapuri District-636 705.

2. M/s.Muthumariamman Granites, rep.by its Managing Partner, Mr.P.Venkatesh

3. P.Venkatesh, Managing Director M/s.Muthumariamman Granites ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent police to execute the non-bailable warrant issued against the 3rd accused in C.C.No.1078 of 2017 pending on the file of the Hon'ble IV Fast Track Court, George Town, Metropolitan Magistrate Court, Chennai.

For Petitioner : Mr.M.J.Jaseem Mohammed 1/4

For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 : R1 and R3 Given up

ORDER

This Criminal Original Petition has been filed to direct the first respondent police to execute the non-bailable warrant issued against the 3rd accused in C.C.No.1078 of 2017 pending on the file of the Hon'ble IV Fast Track Court, Metropolitan Magistrate Court, George Town, Chennai.

2. The learned counsel for the petitioner has submitted that the petitioner herein has filed a case against the respondent Nos.2 and 3 in C.C.No.1078 of 2017 on the file of the IV Fast Track Metropolitan Magistrate at George Town, Chennai, in which the third respondent herein has been arrayed as accused No.2. He further submitted that since the third respondent has not appeared before the trial Court, the Non-Bailable Warrant was issued on 17.06.2019, but, sofar, the first respondent has not taken any action to secure the said accused. Therefore, he prayed to direct the first respondent to execute the warrant at an early date and produce the accused No.2/respondent No.3 herein before the trial Court. 2/4

3. The learned Additional Public Prosecutor has submitted that a reasonable time may be granted for executing the said warrant.

4. Considering the aforesaid submissions, the first respondent is directed to constitute a special team and execute the Non-Bailable Warrant which has been issued against the third respondent herein/accused No.2 in C.C.No.1078 within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Criminal Original Petition is disposed of.

24.02.2020 Speaking/Non-speaking Order Index : Yes/No Vv Note: Issue Order Copy on 25.02.2020 P. RAJAMANICKAM., J.

Vv 3/4

To

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

2. The Inspector of Police, Dharmapuri District-636 705.

3. The Public Prosecutor, High Court, Madras.

Crl.OP.No.27021 of 2019 21.02.2020 4/4

17.02.2020 5/4