A.Lekshmi v. The Superintendent Of Police

CRL OP(MD) No.1783 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.HEMALATHA CRL OP(MD) No.1783 of 2021 A.LEKSHMI ... PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE, TUTICORIN, TUTICORIN DISTRICT.

2 THE INSPECTOR OF POLICE, ERAL POLICE STATON, TUTICIORIN, TUTICORIN DISTRICT.

3 G. MUTHURAJ ... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a direction to direct the respondent No. 1 and 2 to execute the non bailable warrant issued by the Chief Judicial Magistrate, Nagercoil, against the Respondent No.3 in Crl. MP.No.579 of 2009 in M.C.No.27 of 2008 which was transferred to Family Court, Nagercoil and renumbered as Crl. MP.No.91 of 2018 in M.C.No.27/2008 pending before Family Court Nagercoil, within the time stipulated by this Hon'ble Court.

ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.LAJAPATHI ROY, Advocate for the Petitioner and of Mr.S.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondents 1 and 2, the Court made the following order:- The contention of the learned counsel for the petitioner is that the Chief Judicial Magistrate, Nagercoil issued a Non-Bailable Warrant against the third respondent, to the Inspector of Police, Eral Police Station, Tuticorin District and the same has not yet been executed.

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CRL OP(MD) No.1783 of 2021 2.Mr.S.Chandra Sekar, learned Additional Public Prosecutor, on instructions, would contend that no Non-bailable Warrant is pending with regard to the present case, on the file of the Eral Police Station, Tuticorin District. He would further contend that Eral Police Station does not fall within the jurisdiction of the Chief Judicial Magistrate Court, Nagercoil, in which the maintenance case in MC No.27 of 2008 and a petition in Crl.M.P.No.579 of 2009 are pending.

3.The learned counsel for the petitioner undertook to file a copy of the Non-Bailable Warrant issued against the third respondent.

4.Call on 20.04.2021.

sd/- 10/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE CHIEF JUDICIAL MAGISTRATE, NAGERCOIL.

2.THE JUDGE, FAMILY COURT, NAGERCOIL 3 THE SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE, TUTICORIN, TUTICORIN DISTRICT.

4 THE INSPECTOR OF POLICE, ERAL POLICE STATON, TUTICIORIN, TUTICORIN DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1783 of 2021 Date :10/03/2021 sm AE/JC/SAR-II (22/03/2021) 2P / 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2