K.Palanisamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR K.Palanisamy ... Petitioner Vs.

1. The Superintendent of Police, Tiruchengode, Trichy Road, Near Collectorate Office, Namakkal - 637 003.

2.

The Inspector of Police, Pallipalayam Police Station, Namakkal.

3.

S.Kannan ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the first and second respondents to execute the warrant against the third respondent based on the warrant issued by the learned Judicial Magistrate No.I, Namakkal, in S.T.C.No.376 of 2023. For Petitioner :

Mr.I.Abrar Mohamed Abdullah For R1 & R2 :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

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The Criminal Original Petition has been filed seeking for a direction to the first and the second respondents to execute the Non bailable warrant issued against the third respondent/accused by the learned Judicial Magistrate No.I, Namakkal, in S.T.C.No.376 of 2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) 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 Judicial Magistrate No.I, Namakkal, for the offence under Sections 138 & 142 of Negotiable Instruments Act, in S.T.C.No.376 of 2023. Due to non-appearance of the third respondent/accused even after receiving summons, the trial Court issued a warrant against him. 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 him. Hence, the present petition has been filed.

4. Learned Government Advocate (Criminal Side) appearing for 2/4

respondents 1 and 2, 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.

03.09.2025 ham To

1. The Judicial Magistrate No.I, Namakkal.

2. The Superintendent of Police, Tiruchengode, Trichy Road, Near Collectorate Office, Namakkal - 637 003.

3.

The Inspector of Police, Pallipalayam Police Station, Namakkal.

4.

The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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