Poornima Rajathi v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22177 of 2023 Poornima Rajathi ... Petitioner Vs.

1.The State by The Deputy Superintendent of Police, O/o.The DSP, Auroville Police Station, Thiruchitrambalam, Villupuram District.

2.The Station House Officer, Kottakuppam Police Station, MG Road, Kotttakuppam, Villupuram District.

3.Saravanan ...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent police to execute the Non Bailable Warrant issued against the accused in S.T.C.No.2088 of 2021 on the file of the learned Judicial Magistrate No.IV, Puducherry on 26.09.2022. For Petitioner : Mr.K.Balaji For R1 & R2 : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein is a complainant of a DVAC case pending before the Judicial Magistrate No.IV, Puducherry. Her allegation is that her husband, the 3rd respondent is evading service and also Non Bailable Warrant issued against him.

2.

The specific case of the petitioner is that the said Saravanan is residing at No.19, Mariamman Koil Street, Periyamudaliar Chavady, Kottakuppan, Villupuram, but the 2nd respondent police has not evinced any interest to execute the warrant.

3.

This Court directed the learned Government Advocate (Crl.Side) to collect the status report about the pendency of the NBW. Today, certificate from the VAO produced by the learned Government Advocate (Crl.Side) stating that no person by name Saravanan residing in the given address. In such case, contention of the petitioner is either false or the report of the VAO must be incorrect. In either case, the request made by the petitioner herein, if the police express his inability to execute NBW, the next procedure under the law is to declare him as a proclaimed offender and take 2/4

necessary action. It is open to the petitioner herein to file appropriate petition before the learned Judicial Magistrate for necessary action. 4.

With the above directions, this Criminal Original Petition is dismissed.

16.10.2023 Index : Yes/No rpl To 1The Deputy Superintendent of Police, O/o.The DSP, Auroville Police Station, Thiruchitrambalam, Villupuram District.

2.The Station House Officer, Kottakuppam Police Station, MG Road, Kotttakuppam, Villupuram District.

3.The Public Prosecutor (Puducherry), High Court of Madras, Chennai.

3/4

Dr.

G.JAYACHANDRAN ,J.

rpl Crl.O.P.No.22177 of 2023 16.10.2023 4/4