Shri Shanmuga Hardwares v. State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Shri Shanmuga Hardwares, Proprietor, Padma D.No.42/2, Neethaji bye-pass road, Opposite to Kamalam Hospital, Dharmapuri District.

... Petitioner Vs

1. The State represented by The Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.

3. Kavitha ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police to execute Non Bailable Warrant and arrest the accused person in S.T.C.No.170 of 2022 on the file of the Judicial Magistrate, Fast Track Court, Dharmapuri District.

For Petitioner : Mr.P.M.Jayachandran For R1 & R2 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police to execute Non Bailable Warrant and arrest the accused person in S.T.C.No.170 of 2022 on the file of the Judicial Magistrate, Fast Track Court, Dharmapuri District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the second respondent police delayed the execution of NBW issued against the third respondent and they did not take any steps to secure the accused. Hence the petitioner filed the above criminal original petition.

4. Learned Additional Public Prosecutor has produced the certificate issued by the Village Administrative Officer, wherein it is stated that third respondent is not residing in the address as stated in the petition. The respondent police has taken effective steps to execute NBW issued against the third respondent.

5. In view of the above facts and circumstance, the respondent police is directed to execute Non-Bailable Warrant issued against the third respondent as early as possible in the manner known to law and the petitioner is also directed to extend his cooperation to the police with regard to the same.

6. With the abovesaid direction, the criminal original petition is closed.

11.11.2024 mfa Index:Yes/No Speaking Order: Yes/No

P.VELMURUGAN, J.

mfa 11.11.2024