M.Kumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR M.Kumar ... Petitioner Vs.

1. The Commissioner of Police, The Greater Chennai Commissioner Office, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2.

State represented by, The Inspector of Police, Kodungaiyur Police Station, Kodungaiyur, Chennai - 600 118.

3.

D.Sophiya Gladys ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the first and second respondents to execute the Non-bailable warrant dated 29.11.2023 issued by the learned Metropolitan Magistrate, Fast Track Court at Metropolitan Magisterial Level No.I, Allikulam, Chennai, in S.T.C.No.5597 of 2022.

For Petitioner :

Mr.M.Mohamed Riyaz For R1 & R2 :

Mr.K.M.D.Muhilan Additional Public Prosecutor 1/5

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the first and the second respondents to execute the Non bailable warrant dated 29.11.2023 issued against the third respondent by the learned Metropolitan Magistrate, Fast Track Court at Metropolitan Magisterial Level No.I, Allikulam, Chennai, in S.T.C.No.5597 of 2022.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

3. The grievance of the petitioner is that he had instituted a case against the third respondent/accused before the learned Metropolitan Magistrate, Fast Track Court at Metropolitan Magisterial Level No.I, Allikulam, Chennai, for the offence under Section 138 of Negotiable Instruments Act, in S.T.C.No.5597 of 2022. Due to non-appearance of the third respondent/accused, the trial Court issued a warrant against her on 29.11.2023. However, despite the issuance of the warrant against the accused in the year 2023, till date, neither has the accused surrendered nor have the respondent Police secured her. Hence, the present petition has been 2/5

filed.

4. Learned counsel for the petitioner submitted that pursuant to the order passed by this Court on 08.08.2025, he has produced the phone number and the address of the accused to the respondent Police.

5. Learned Additional Public Prosecutor appearing for respondents 1 and 2, on instructions, submitted that he has received the particulars submitted by the petitioner and that the warrant issued against the third respondent/accused will be executed within a period of two weeks.

6. Recording the submission made by the learned Additional Public Prosecutor, the Criminal Original Petition stands disposed of. The first and second respondent Police shall ensure that the orders of the Court are duly complied within a period of two weeks from the date of receipt of a copy of this order.

02.09.2025 ham To 3/5

1. The Metropolitan Magistrate, Fast Track Court at Metropolitan Magisterial Level No.I, Allikulam, Chennai.

2. The Commissioner of Police, The Greater Chennai Commissioner Office, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

3.

The Inspector of Police, Kodungaiyur Police Station, Kodungaiyur, Chennai - 600 118.

4.

The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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