K.Govindaraj v. Jagadess

SATHI KUMAR SUKUMARA KURUP, J, When the case came up for hearing on 16.11.2023, the learned Counsel for the Revision Petitioner sought a further adjournment. Already, the case was adjourned on request of the learned Counsel for the Revision Petitioner from 19.10.2023 to 02.11.2023. On 02.11.2023, the case did not reach for the hearing in the list. Therefore, it was automatically adjourned to 16.11.2023. On 16.11.2023, when the learned Counsel for the Revision Petitioner sought adjournment repeatedly, the Criminal Revision Case was dismissed with a direction to the learned Judicial Magistrate, Fast Track Court No.I, Erode, to issue warrant in continuation of the judgment of conviction recorded by the learned Judicial Magistrate, Fast Track Court No.I, Erode, in S.T.C.No.284 of 2016 dated 07.11.2017 and to detain the Accused in prison to undergo sentence of imprisonment. The case was posted for a compliance report of the learned Judicial Magistrate, Fast Track Court No.I, Erode, to 13.12.2023.

2. Today, 13.12.2023, when the case came up for hearing, the report of the learned Judicial Magistrate, Fast Track Court No.I, Erode, received in 1/6

D.No.1648/2023 dated 04.12.2023.

3. As per the report of the learned Judicial Magistrate, Fast Track Court No.I, Erode, and based on the report of the Special Sub Inspector of Police, Special Wing, Erode, for executing Non-Bailable Warrant in the District, the Accused, namely K.Govindaraj, Prop. K.G.R.Associates, whose address is No.94/11, K.M.Nagar, Near Axis Bank, Ayothiapattinam, Salem, has shifted his residence and they are unable to trace him. Therefore, the Special Sub Inspector of Police, Special Wing, Erode, for executing Non-Bailable Warrant has sought further time to trace the Accused.

4. The Complainant in S.T.C.No.284 of 2016 is directed to file Petition before the learned Judicial Magistrate, Fast Track Court No.I, Erode, to declare the absconding Accused as Proclaimed Offender so that his properties, both movable and immovable, can be attached and brought to public auction at the cost of the Complainant. He shall issue paper publication in the place of the last known residence of the Accused. 2/6

5. If the order is pronounced by the learned Judicial Magistrate, Fast Track Court No.I, Erode, to declare him as Proclaimed Offender, the Special Sub Inspector of Police, Special Wing, Erode, dealing with the execution of Non-Bailable Warrant, is directed to trace the Accused and cooperate with the Court for further proceedings, and also help the Complainant to get relief as per the judgment of the learned Judicial Magistrate, Fast Track Court No.I, Erode, in S.T.C.No.284 of 2016.

6. The learned Judicial Magistrate, Fast Track Court No.I, Erode, is directed to direct the Complainant party to file appropriate Petition. Also, he/she to direct the officials dealing with the execution of Non-Bailable Warrants in the District through the Special Sub Inspector of Police, Special Wing, Erode, to act as per the direction of the learned Judicial Magistrate, Fast Track Court No.I, Erode. After initiating proceedings under Section 82 of Cr.P.C to declare the absconding Accused as Proclaimed Offender, give wide circulation in the media regarding the details of the Accused along with his photo. Till such time, the Criminal Revision Case cannot be heard or restored.

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7. Registry is directed not to restore the Criminal Revision Case as the Accused has absconded.

13.12.2023 cda 4/6

COPY TO:

1. The Principal District Judge, Erode District, Erode.

(for supervision)

2. The Chief Judicial Magistrate, Erode District, Erode.

(for supervision)

3. The Judicial Magistrate, Fast Track Court-I, Erode.

(for appropriate action to declare absconds Accused as Proclaimed Offender.)

4. The Superintendent of Police Erode Sub-Division, Erode.

(for follow-up and supervision)

5. The Deputy Superintendent of Police, Erode Sub-Division, Erode.

(for follow-up and supervision)

6. The Special Sub Inspector of Police, Special Wing, Erode.

(Special Team dealing with executing NBW) 5/6

SATHI KUMAR SUKUMARA KURUP, J., cda Crl.R.C.No.1295 of 2019 13.12.2023 6/6