Madras High CourtCRL OP(MD)/13073/2016disposed of

Fatima Farzana v. The Inspector Of Police

2016-07-28Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.13073 of 2016 Fatima Farzana .. Petitioner Vs.

State through the Inspector of Police, All Women Police Station (South), Madurai.

(Crime No.28/2015) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent to expedite the execution of Non-Bailable arrest Warrant issued by the learned Judicial Magistrate / Additional Mahila Court, Madurai in C.C.No.107 of 2016 on 27.05.2016 within a time frame.

For Petitioner : Mr.B.N.Raja Mohamed For respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondent to execute the Non-Bailable Warrant issued in C.C.No.107 of 2016 on 27.05.2016 by the learned Judicial Magistrate / Additional Mahila Court Madurai, as against the 1st accused therein within a stipulated time.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. By consent, the Criminal Original Petition itself is taken up for final disposal.

3. The learned counsel for the petitioner would submit that the complaint lodged by the petitioner against her husband (1st accused) and in-laws had been registered in Crime No.28 of 2015 under Sections 498-A, 294(b) and 506(i) IPC; on filing final report by the respondent police, the same has been taken on file in C.C.No.107 of 2016 by the learned Magistrate; the learned Magistrate issued Non-Bailable warrant against the 1st accused on 27.05.2016; due to non execution of the Non-Bailable warrant, the https://hcservices.ecourts.gov.in/hcservices/

trial could not be commenced; and therefore, she has come up with this petition.

4.The learned Government Advocate (Criminal side) would submit that the respondent Police has been taking earnest efforts to arrest the accused and that they would execute the NBW issued against the first accused in C.C.No.107 of 2016 as early as possible.

5.In view of the above submission of the learned Government Advocate, the respondent is directed to execute the Non-Bailable Warranted issued in C.C.No.107 of 2016 within a period of three weeks from the date of receipt of a copy of this order. 6.This Criminal Original Petition is accordingly disposed of. Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station (South), Madurai.

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

+1cc to Mr.B.N.Raja Mohamed, Advocate Sr.No.40144 gcg sm:KBM:05.8.2016:2P/4C Crl.O.P(MD)No.13073 of 2016 28.07.2016 https://hcservices.ecourts.gov.in/hcservices/