D.Manivannan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM:
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR D.Manivannan ... Petitioner Vs.
1.
The Superintendent of Police, District Police Office, Pudukottai - 622 001.
2.
The Inspector of Police, Town Police Station, S Main St., Kadukkakadu, Pudukottai - 622 001.
3.
Sahul Hameed ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the second respondent Police to execute the Non-bailable warrant issued by the learned Metropolitan Magistrate, Fast Track Court - II (at Metropolitan Magisterial Level), Allikulam, Egmore in S.T.C.No.10221 of 2023 dated 27.08.2024 against the third respondent and also based on the petitioner's representation dated 21.07.2025 within the stipulated time as may be fixed by this Court.
For Petitioner :
Mr.Arun Kasi For R1 & R2 :
Mr.R.Vinothraja Government Advocate (Criminal Side) 1/5
O R D E R
The Criminal Original Petition has been filed seeking for a direction to the second respondent Police to execute the Non bailable warrant dated 27.08.2024 issued against the third respondent by the learned Metropolitan Magistrate, Fast Track Court - II (at Metropolitan Magisterial Level), Allikulam, Egmore, in S.T.C.No.10221 of 2023.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for respondents 1 and 2.
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 - II (at Metropolitan Magisterial Level), Allikulam, Egmore, for the offence under Section 138 r/w 142 of Negotiable Instruments Act, in S.T.C.No.10221 of 2023. Initially, in the year 2023, the trial Court issued a non bailable warrant against the third respondent/accused due to his non-appearance and thereafter, the accused himself surrendered and recalled the warrant. However, once again, the accused failed to appear before the trial Court, therefore, due to the his absence, the trial Court issued a warrant against him on 27.08.2024. 2/5
However, despite the issuance of the warrant against the accused in the year 2024, till date, neither has the accused surrendered nor have the respondent Police secured him. The petitioner has also sent a representation dated 21.07.2025 to the second respondent in this regard and since, no steps have been taken, the present petition has been filed.
4. Learned Government Advocate (Criminal Side), on instructions, submitted that the warrant issued against the third respondent/accused will be executed within a period of two weeks.
5. Recording the submission made by the learned Government Advocate (Criminal Side), 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.
25.08.2025 ham To
1. The Metropolitan Magistrate, 3/5
Fast Track Court - II (at Metropolitan Magisterial Level), Allikulam, Egmore.
2.
The Superintendent of Police, District Police Office, Pudukottai - 622 001.
3.
The Inspector of Police, Town Police Station, S Main St., Kadukkakadu, Pudukottai - 622 001.
4.
The Public Prosecutor, High Court of Madras.
4/5
N. SATHISH KUMAR , J.
ham 25.08.2025 5/5