K.K. Selvaraj v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2018

CORAM:

The Hon'ble Mr.Justice P. RAJAMANICKAM CRL.O.P.No.22808 of 2018 K.K.Selvaraj .. Petitioner Vs.

1.The Commissioner of Police, Chennai District, Chennai.

2.The Inspector of Police, R-9, Valasaravakkan Police Station, Chennai-600 087.

3. Amsakalyani .. Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first and second respondent to execute the Non Bailable warrant issued in C.C.No.164 of 2017 on the file of the Hon'ble XX-Metropolitan Magistrate Court, Egmore, Chennai against the third respondent/accused within specified time.

For Petitioner : Mr.T.V.Suresh Kumar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor for R1&R2

O R D E R

This petition has been filed by the complainant to direct the respondents 1 and 2 to execute the Non Bailable warrant issued against the third respondent/accused in C.C.No.164 of 2017 on the file of the learned XXMetropolitan Magistrate Court, Egmore, Chennai .

2. The learned counsel for the petitioner has submitted that the petitioner herein has filed a private complaint under section 138 of the Negotiable Instruments Act against the third respondent and based on the said complaint, the learned XX Metropolitan Magistrate, Egmore, Chennai has taken the case on file in C.C.No. 164 of 2017 and tried the case. He further submitted that when the case was posted for defence side evidence, the third respondent not appeared and hence non https://hcservices.ecourts.gov.in/hcservices/

bailable warrant was issued on 27.04.2018, but, so far, the respondents 1 and 2 have not taken any steps to execute the said warrant and hence he requests to direct the respondents 1 and 2 to execute the said warrant at early.

3. The learned Public Prosecutor has submitted that two months time may be granted for executing the non bailable warrant.

4. Considering the aforesaid submissions, the respondent No.2 is directed to execute the non-bailable warrant within six weeks from the date of receipt of copy of this order.

5. With the aforesaid directions, this petition is disposed of.

vsn/vv Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar To

1. The XX-Metropolitan Magistrate Court, Egmore, Chennai

2. The Commissioner of Police, Chennai District, Chennai

3. The Inspector of Police, R-9, Valasaravakkan Police Station, Chennai-600 087.

4. The Public Prosecutor, High Court of Madras, Chennai.

+ 2 ccs to M/s.Genicon & Associates, Advocate Sr 67262 KR/12/11/18 CRL.O.P.No.22808 of 2018 https://hcservices.ecourts.gov.in/hcservices/