S.P.Yarns v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2020 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.34332 of 2019 S.P.Yarns Represented by Partner:G.Parthiban, Business Place at No.23, P.N.Road, 2nd Street, Tiruppur.

Represented by Power of Attorney:N.Boopathi, S/o Nagaraj, No.36, Chinna Thottam, Kangeyam Road, Tirupur 641 604.

.. Petitioner /versus/ 1.The Commissioner of Police, Tiruppur.

2.The Inspector of Police, Velampalayam Police Station, Tiruppur.

3.Mr.Latha Krishnamoorthy, Proprietor of Jaaisen Exports, No.1, A.B.Nagar, Gandhi Nagar, Tiruppur 641 603, Residing at No.59, Amarjothi Garden, 15, Velampalayam, Tiruppur.

.. Respondents Criminal Original Petition has been filed under Section 482 Code of Criminal Procedure to issue a direction to respondents 1 and 2 to execute the bailable warrant towards the 3rd respondent in compliance of the order dated 04.07.2018 made in C.C.No.189 of 2018 on the file of the Judicial Magistrate No.1, Tiruppur by forming a special team headed by a Woman Inspector and to secure and produce her in the concerned Court within a time frame as fixed by this Hon'ble Court.

For Petitioner :Mr.D.RArun Kumar For Respondents :Mr.M.Mohamed Riyaz, Addl.Public Prosecutor ------

O R D E R

The prayer sought for in this Criminal Original Petition is to issue a direction to respondents 1 and 2 to execute the https://hcservices.ecourts.gov.in/hcservices/

bailable warrant towards the 3rd respondent in compliance of the order dated 04.07.2018 made in C.C.No.189 of 2018 on the file of the Judicial Magistrate No.1, Tiruppur by forming a special team headed by a Woman Inspector and to secure and produce her in the concerned Court within a time frame as fixed by this Hon'ble Court.

2.It is seen that the petitioner initiated a complaint under Section 138 of the Negotiable Instruments Act, 1988 in C.C.No.189 of 2018 against the 3rd respondent herein. After receiving summon in C.C.No.189 of 2018, the 3rd respondent did not appear before the trial Court. Therefore, the trial Court namely, Judicial Magistrate No.1, Tiruppur issued Bailable Warrant as against the 3rd respondent and the same is pending on the file of the 2nd respondent from 04.07.2018.

3. Considering the above facts and circumstances of the case, the 2nd respondent is directed to execute the Bailable Warrant issued as against the 3rd respondent in C.C.No.189 of 2018 within a period of six weeks from the date of receipt of a copy of this order. Further, the petitioner is directed to co-operate with the second respondent to furnish correct address of the 3rd respondent to execute the Bailable Warrant issued as against the 3rd respondent. 4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ari To 1.The Commissioner of Police, Tiruppur.

2.The Inspector of Police, Velampalayam Police Station, Tiruppur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.18168 Crl.O.P.No.34332 of 2019 CS(27/05/2020) https://hcservices.ecourts.gov.in/hcservices/