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Madras High CourtCRL OP/29765/2022disposed of

S.Dhakshnamoorthy v. The Superintendent Of Police

2022-12-02Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.O.P.No.29765 of 2022 S. Dhakshnamoorthy .. Petitioner Vs

1. The Superintendent of Police, Office of Superintendent of Police, Tiruvannamalai.

2. The State, represented by Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai.

3. R.Vetri .. Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent to execute the NBW issued by the Fast Track Court, Magisterial Level, Tiruvannamalai in C.C.No.148 of 2019, dated 27.09.2021 within a stipulated time fixed by this Court. For Petitioner : Mr. S. Anbalagan For Respondent : Mr.S. Santhosh Govt. Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition is filed to direct the 2nd respondent to execute the NBW issued by the Fast Track Court, Magisterial Level, Tiruvannamalai in C.C.No.148 of 2019, dated 27.09.2021 within a stipulated time fixed by this Court.

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2. The learned counsel for the petitioner submitted that he has given a complaint against the 3rd respondent under section 138 of Negotiable Instruments Act and the case has been taken on file in C.C.No.148 of 2019 by the Fast Track Court, Magisterial Level, Thiruvannamalai District. Since the 3rd respondent did not appear before the Court, Non Bailable Warrant has been issued, but sofar, it has not been executed by the 2nd respondent. Hence, the petitioner has filed this petition seeking direction.

3. The learned Govt. Advocate (crl.side) submitted that the whereabouts of the 3rd respondent is not known, hence, the warrant could not be executed.

4. It is the submission of the petitioner that Non Bailable Warrant has 2/4

been issued on 27.09.2021 and it is pending for a long time. The 2nd respondent is directed to form a squad to find out the whereabouts of the 3rd respondent and secure him by way of executing the non bailable warrant. 5 .This Criminal Original Petition is disposed of with the above direction. 02.12.2022 msr Index:Yes/no Internet:Yes/no To

1. The Superintendent of Police, Office of Superintendent of Police, Tiruvannamalai.

2. The State, represented by Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai.

3. The Public Prosecutor, High Court, Madras.

R.N. MANJULA,J.

msr 3/4

Crl.O.P.No.29765 of 2022 02.12.2022 4/4