Anbu Karthigai Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3449 of 2017 Anbu Karthigai : Petitioner -vs1.The Superintendent of Police, Tirunelveli, Tirunelveli District 2.The Inspector of Police, All Women Police Station, Sankarankoil, Tirunelveli District : Respondents Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to execute the non bailable warrant, which was issued against Sakthivel (A1) in C.C.No.384/2015 on the file of the District Munsif cum Judicial Magistrate, Sivagiri dated 02.03.2016.

For Petitioner :

Mr.S.J.Chakkaravarthy For Respondents :

Mr.A.P.Balasubramani Government Advocate (Crl.side)

O R D E R

On the complaint lodged by the petitioner, the respondent police registered a case in Crime No.13/2014 and after completing the investigation, has filed a final report in C.C.No.384/2015 before the District Munsif cum Judicial Magistrate, Sivagiri against three accused for offences under Sections 498(A), 406, 506 (i) IPC and Section 3 of Dowry Prohibition Act.

2. It is the grievance of the petitioner that her husband A1 is not appearing before the trial Court and that the police were also not served summons on him.

3. Today, Ms.V.Shanthi, Sub Inspector of Police, Sankarankoil Police Station is present before this Court.

4. On instructions, the learned Government Advocate (Crl. side) submitted that A1 is residing at Australia and therefore, the case in C.C.No.384/2015 has been split up as against A1 in C.C.No.384/2015 and as against A2 and A3, in C.C.No.32/2017 and that the trial is proceeding as against A2 and A3, who are the parents of A1, in C.C.No.32/2017.

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5. Recording the same, this petition is closed with a direction to the respondent police to take coercive steps against A1 for securing his presence before the trial Court expeditiously. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

1.The District Munsif cum Judicial Magistrate, Sivagiri 2.The Superintendent of Police, Tirunelveli, Tirunelveli District 3.The Inspector of Police, All Women Police Station, Sankarankoil, Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.S.J.Chakkaravarthy, Advocate, SR.No.17962 RR RL/6C/2P/MR/SAR2/7.4.2017 Order made in Crl.O.P.(MD) No.3449 of 2017 Dated: 24.03.2017 https://hcservices.ecourts.gov.in/hcservices/