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Madras High CourtCRL OP(MD)/3141/2023disposed of

Kaliammal.N v. The Superintendent Of Police

2023-03-10Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.N.Kaliammal 2.Minor Kayalvizhi (Minor Rep.by through the 1st petitioner/mother) ... Petitioners Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Watrap Police Station, Srivilliputhur, Virudhunagar District.

3.The Inspector of Police, Krishnankoil Police Station, Srivilliputhur, Virudhunagar District.

4.R.Velmurugan ....Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to execute the Non1/5

Bailable Warrant issued by the learned Family Court, Srivilliputhur, Virudhunagar District in Cr.M.P.No.33 of 2021 in M.C.No.42 of 2016 dated 09.06.2022 for the 4th respondent/R.Velmurugan resident at Door No.42-C, Ward No.2, Kalyanipuram, Kunnur via, Krishnankoil, Watrap Taluk, Virudhunagar District and also he is doing tailoring shop business at Krishnankoil land proceeding in accordance with law. For Petitioners : Mr.Krishna Kannan.J For R1 to R3 :Mr. B.Nambiselvan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents to execute the Non-Bailable Warrant issued by the learned Family Court, Srivilliputhur, Virudhunagar District in Cr.M.P.No.33 of 2021 in M.C.No.42 of 2016 dated 09.06.2022 for the 4th respondent.

2. The learned counsel for the petitioners submitted that the Family Court, Srivilliputhur, Virudhunagar District, passed an order in Cr.M.P.No.33 of 2021 in M.C.No.42 of 2016 dated 09.06.2022, for 2/5

securing the fourth respondent herein. Even then, no steps have been taken to secure the fourth respondent by the third respondent. 3.The learned Additional Public Prosecutor appearing for the respondent police submitted that no warrant has been received by the third respondent so far.

4. In view of the submission made by the learned Additional Public Prosecutor, there shall be a direction to the Family Court, Srivilliputhur, Virudhunagar District, to issue a fresh warrant against the fourth respondent directly through the third respondent herein for execution. If the warrant is received by the third respondent, the same may be executed. The entire process shall be completed within a period of five months from the date of receipt a copy of this order. With the above directions, this Criminal Original Petition is disposed of.

10.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta 3/5

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Watrap Police Station, Srivilliputhur, Virudhunagar District.

3.The Inspector of Police, Krishnankoil Police Station, Srivilliputhur, Virudhunagar District.

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

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G.ILANGOVAN,J tta Order made in Dated : 10.03.2023 5/5