Madras High CourtCRL OP(MD)/4847/2021disposed of

K.Viji v. The Superintendent Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4847 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 4847 of 2021 1.K.Viji 2.Minor.K.Sundaravathani ... Petitioners Vs.

1.The Superintendent of Police, Pudukottai District.

Pudukottai.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

3.R.Kulanthaivel ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to execute the non bailable warrant issued against the third respondent in Crl.M.P.No.2904 of 2018 in M.C.No.8 of 2005 on the file of the learned Judicial Magistrate, Pattukottai on 31.05.2019.

For Petitioners : Mr.D.R.Murugesan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side) for R1 & R2

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondents 1 and 2. The petitioners have obtained an order in their favour in M.C.No.8 of 2005 on the file of learned Judicial Magistrate, Pattukottai. The grievance of the petitioners is that even though they filed Cr.M.P.No.2904 of 2018 for enforcing the maintenance order and nonbailable warrant was also issued, till date, the second respondent has not executed the same and as a result, the third respondent has not honoured his obligations.

2. When the matter was taken up for hearing, the learned Government Advocate submitted that the second respondent has not been served with any copy of the non-bailable warrant. In these https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4847 of 2021 circumstances, the learned Judicial Magistrate, Pattukottai, is directed to instruct the second respondent herein to execute the non-bailable warrant against the third respondent without any delay and as expeditiously as possible. With this direction to the jurisdictional Court, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.Judicial Magistrate, Pattukottai.

2.The Superintendent of Police, Pudukottai District.

Pudukottai.

3.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.4847 of 2021 08.12.2021 RD(27.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2