Madras High CourtCRL OP(MD)/5397/2022disposed of

R.Subbaiah v. P.Dhandauthapandi

2022-03-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5397 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5397 of 2022 R.Subbaiah

...Petitioner/Complainant

Vs.

1. P.Dhandauthapani 2.The Inspector of Police, No.3/220, Kottaimedu, Kamuthi, Ramanathapuram District, (Kamuthi Police Station)

3. The Superintendent of Police, Ramnad, Ramnad District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct R2 and R3 to execute the Non Bailable Warrant issued against R1 in C.C. No.196/2018 on the file of Fast Track Tuticorin within a specific period For Petitioner : Mr.KA.Raamakrishnan For Respondents : Mr.R.M.Anbunithi No.2 & 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct second and third respondents to execute the Non Bailable Warrant issued against the first respondent in CC No. 196 of 2018 on the file of Fast Track Tuticorin within a specific period.

2. The petitioner is the complainant and he lodged complaint for the offence under Section 138 of the NI Act as against the first respondent. After examining PW.1 the first respondent failed to appear before the trial Court continuously as such Non Bailable Warrant was issued and it is duly communicated to the second respondent. Even then the second respondent did not execute the same.

3. The learned Additional Public Prosecutor would submit so far no warrant has been received from the trial Court in CC No.196 of 2018.

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Crl.O.P.(MD) No.5397 of 2022

4. In view of the same, the second respondent is directed to execute the Non Bailable Warrant issued as against the first respondent in CC No.196 of 2018 on the file of the Fast Track Court, Tuticorin within a period of six weeks from the date of receipt of the warrant issued. However the petitioner is directed to furnish correct address of the first respondent and coopearate with the second respondent to execute the Non Bailable Warrant issued as against the first respondent.

5. With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Fast Track Court, Thoothukudi.

2.The Inspector of Police, Kamuthi, Ramanathapuram District, (Kamuthi Police Station) 3.The Superintendent of Police, Ramnad, Ramnad District.

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

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