Madras High CourtCRL OP(MD)/2660/2025disposed of

Fathima Farzana v. The State Of Tamilnadu

2025-02-13Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Fathima Farzana ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The State of Tamil Nadu, The Inspector of Police, Subramaniyapuram Police Station, Madurai City.

3.J.Praveen Kumar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the second respondent to execute the non-bailable warrant in Cr.M.P.No. 4 of 2022 in M.C.No.37 of 2016 on 29.01.2024 on the file of the learned Family Court, Madurai within the time stipulated by this Court and pass any other order or orders as this Court.

For Petitioner : Mr.SMA.Jinnah 1/4

For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the second respondent to execute the non-bailable warrant in Cr.M.P.No.4 of 2022 in M.C.No.37 of 2016 on 29.01.2024 on the file of the learned Family Court, Madurai within the time stipulated by this Court.

2. According to the petitioner, the petitioner filed a petition before the Family Court in M.C.No.37 of 2016 and thereafter, due to non appearance of the third respondent, Non Bailable Warrant was issued on 29.01.2024 and the same is still pending without any execution. Therefore, the petitioner filed this petition to direct the second respondent to execute the NBW pending against the third respondent.

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that they will execute the NBW within one month. 2/4

4. Recording the above said submissions of the learned Additional Public Prosecutor appearing for the official respondents, this Court is inclined to dispose this petition by directing the second respondent to execute the NBW pending against the third respondent within a period of one (1) month from the date of this order. Accordingly, this Criminal Original Petition stands disposed of.

13.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The State of Tamil Nadu, The Inspector of Police, Subramaniyapuram Police Station, Madurai City.

3.The Family Court, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

P.DHANABAL, J.

BTR 13.02.2025 4/4