Madras High CourtCRL OP(MD)/5435/2018dismissed

Thenmozhi v. The Inspector Of Police

2018-04-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.5435 of 2018 and Crl.M.P.(MD)No.2624 of 2018 Thenmozhi ... Petitioner/Defacto Complainant -VsThe State Rep by its The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

(Crime No.12 of 2011) ... Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to issue a direction to respondent police execute the Non Bailable Warrant pending against the accused in C.C.No.234 of 2011 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District.

For Petitioner : Mr.S.Balaji For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent police execute a Non Bailable Warrant pending against the accused in C.C.No.234 of 2011 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District.

2.The petitioner is the wife of the first accused. At the instigation of her in-laws, the husband of the petitioner illtreated her and harassed her asking dowry. Hence, the petitioner lodged a complaint against the petitioner and her in-laws before the respondent police. Since, the accused persons are dragging the proceedings till date, a non-bailable warrant is pending against the first accused in C.C.No.234 of 2011 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District. Since the respondent police did not take any steps to execute the non bailable warrant against the first accused, the petitioner has filed the present petition.

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3.The learned Additional Public Prosecutor, on instructions, submits that all the accused persons have now surrendered before the learned Judicial Magistrate, Nilakkottai and moved their applications to recall the non-bailable warrant. 4.Recording the aforesaid submission, this Criminal Original Petition is closed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Nilakkottai, Dindigul District.

2. The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

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

+ 1 CC TO Mr.S.BALAJI, ADVOCATE IN SR No. 60528 TA TE/KKR/SAR-3 : 04/05/2018 : 2P/5C Crl.O.P.(MD)No.5435 of 2018 and Crl.M.P.(MD)No.2624 of 2018 09.04.2018 https://hcservices.ecourts.gov.in/hcservices/