M/S. Jrb Gold Private Ltd v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA M/s. JRB Gold Private Ltd Represented by its Managing Director, M.Joseph Ramki, S/o.Raji, No. 29, 5th Cross Street, Kolakkaravadi Village, Tiruvannamalai Taluk, Tiruvannamalai District.

Petitioner(s) Vs

1. The Inspector of Police Kalasappakkam Police Station, Tiruvannamalai district.

2.S.Gunasekaran S/o.Samikkannu, No. 533A, Pillayar Koil Street, Laxmipuram, Veluganandal Village, Porgunam Madura and Post, Kalasapakkam Taluk, Tiruvannamalai District.

Respondent(s) PRAYER Criminal Original Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 Cr.P.C. to direct respondent No.1 to execute the Non bailable Warrant dated 25.4.2024 and 6.10.2025 issued by the Fast Track Court, (Magistrate Level), Tiruvannamalai .

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For Petitioner(s):

Mr.P.Pugalenthi For Respondent(s):

Mr.S. Santhosh, Govt. Advocate (Crl.Side) for R1

ORDER

This criminal original petition has been filed to direct the 1st respondent to execute the non-bailable warrants dated 25.04.2024 and 06.10.2025 issued by the Fast Track Court (Magistrate Level), Tiruvannamalai. 2.

Learned counsel for the petitioner submitted that the petitioner is the complainant under Section 138 of Negotiable Instruments Act. The Trial Court had issued a non-bailable warrant against the 2nd respondent/accused to be executed through the 1st respondent. However, the 1st respondent did not take steps to execute the warrant.

3.

On the other hand, learned Government Advocate (Crl.Side) submitted that the warrant has been received by the 1st respondent. However, during enquiry, it was found that the 2nd respondent does not reside in the address given by the petitioner. Further, it is his submission that report is yet to be filed before the Court concerned.

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4.

Heard the learned counsel on either side. Perused the materials on record.

5.

Whenever a non-bailable warrant is issued by the Trial Court, a bounden duty is cast upon the Inspector of Police to execute the warrant . In case, due to any other reason, the warrant could not be executed, the same has to be reported to the Court concerned and the matter cannot be simply kept pending.

6.

For the reasons stated above, a direction is issued to the 1st respondent to file a report before the Trial Court within a period of two weeks from the date of receipt of a copy of this order. 7.

With the above direction, the criminal original petition stands disposed of.

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A.D. JAGADISH CHANDIRA,J.

nv To

1. The Fast Track Judge. (Magistrate Level), Tiruvannamalai.

2..The Inspector of Police Kalasappakkam Police Station, Tiruvannamalai district.

3..S.Gunasekaran S/o.Samikkannu, No. 533A, Pillayar Koil Street, Laxmipuram, Veluganandal Village, Porgunam Madura and Post, Kalasapakkam Taluk, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P. No. 34233 of 2025 16.12.2025 4\4

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