Madras High CourtCRL OP(MD)/3708/2020disposed of

Anwar Ali v. The Inspector Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P(MD)No.3708/2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD] No.3708 of 2020 Ansar Ali :Petitioner [petitioner name is amended vide order dated 28.02.2020 in Crl.O.P.(MD)No.3708 of 2020] vs.

The State Rep. by The Inspector of Police, City Crime Branch, Trichy City.

:Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to execute the Non Bailable Warrant pending against the accused/P.Sathasivam, which had been forward on 25.08.2018 in C.C.No.267 of 2016, on the file of the learned Judicial Magistrate No.5, Tiruchirapalli.

For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.R.Anandharaj Addl. Public Prosecutor

O R D E R

This petition has been filed to execute the Non-Bailable Warrant pending against the accused/P.Sathasivam, which had been forwarded on 25.08.2018 in C.C.No.267 of 2016, on the file of the learned Judicial Magistrate No.5, Tiruchirapalli. 2.The learned counsel appearing for the petitioner submitted that the name of the petitioner has been wrongly typed as Anwar Ali instead of Ansar Ali. Therefore, he prays this Court to amend the name of the petitioner.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the warrant was received from the learned Judicial Magistrate No.5, Tiruchirappalli on 25.08.2018, thereby, the respondent police took several times to serve the summons on the accused, namely, P.Sathasivam. He would further submit that after verification, it was found that the accused Sathasivam is not running the farm at the address given in the warrant and that he is not residing in the particular area and the respondent police have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.3708/2020 also got the requisite certificate from the Village Administrative Officer regarding the same and they have also returned the summon along with the certificate issued by the concerned Village Administrative Officer before the concerned Court on 06.02.2020. He further submitted that if the petitioner is able to give the new address of the accused and obtains fresh warrant from the concerned Jurisdictional Magistrate Court, they will take steps to execute the same.

4.Recording the same, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) sedgy To 1.The Judicial Magistrate No.5, Tiruchirapalli. 2.The Inspector of Police, City Crime Branch, Trichy City.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9305[F] dated 28/02/2020 ) Crl.O.P.[MD] No.3708 of 2020 28.02.2020 KB(25.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2