Mary Amudha v. M.Selvakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Mrs.Mary Amudha 2.Mast.S.Ricky Jadi 3.S.Jesica ... Petitioners -vs1.M.Selvakumar 2.The Inspector of Police, D-2, Sellur Police Station, Madurai.

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to issue necessary directions to "The Inspector of Police (L & O) Sellur Police Station, Madurai, to execute the warrant dated 02.06.2023 and a further direction, directing the said Police to file necessary/appropriate report, concerning the execution of the above said warrant dated 02.06.2023 in Crl.M.P.No.3398 of 2021 in M.C. No.17 of 2018 on the file of the learned Judicial Magistrate Court, Ambattur. For Petitioner : Mr.S.Baskaran For Respondent No.2 :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1/4

ORDER

The petitioners are the wife and minor children of the accused against whom the trial Court issued Non Bailable Warrant for the non appearance. The present petition is filed seeking execution of the warrant issued by the trial Court on 02.06.2023 in Crl.M.P.No.3398 of 2021 in M.C. No.17 of 2018 and to file necessary report regarding the execution of warrant.

2. The learned Government Advocate (Crl.Side) submits that when the police went for executing the warrant, found that the accused is presently in Kuwait and therefore, necessary steps are taken to execute the warrant. The statement of neighbors and the brother of the accused who is presently residing in the given address also been recorded.

3. As per the statement of the learned Government Advocate, the warrant could not be executed due to the accused being in Kuwait. Therefore, it is necessary for the Investigation Officer to report before the learned Magistrate who has issued the warrant and seek for necessary direction for executing the warrant against the person who is outside the territorial jurisdiction of this Country.

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4. Accordingly, the Criminal Original Petition is disposed of directing the respondent to file report before the learned Judicial Magistrate within 15 days from today and seek permission for further course of action. 27.11.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police, D-2, Sellur Police Station, Madurai.

3.The Public Prosecutor, Madras High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

rkp 27.11.2023 Page No.4/4