Madras High CourtCRL OP(MD)/5415/2017disposed of

Mittal @ Mittal K.Lalan v. The Inspector Of Police

2017-04-28Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.5415 of 2017 Mittal @ Mittal K.Lalan : Petitioner / Defacto Complainant Vs.

State Rep. By The Inspector of Police, All Women Police Station, Tallakulam, Madurai City.

(Crime No.12 of 2003) : Respondent / Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent herein to execute the Non-Bailable Warrant against the first accused issued in C.C.No.531 of 2004 by the learned Judicial Magistrate No.II, Madurai and now renumbered and pending in C.C.No.22 of 2014 pending before the learned Additional Mahila Court (Magistrate Level), Madurai, within the time that may be fixed by this Court. For Petitioner : Mr.A.K.Manickam For Respondent : Mr.P.Kandasamy Government Advocate (crl.side)

ORDER

This Criminal Original Petition is filed praying to direct the respondent herein to execute the Non-Bailable Warrant against the first accused issued in C.C.No.531 of 2004, by the learned Judicial Magistrate No.II, Madurai and now re-numbered and pending as C.C.No.22 of 2014, before the learned Additional Mahila Court (Magistrate Level), Madurai.

2. The learned counsel appearing for the petitioner states that NBW was issued against A1 in the year 2004 and it is pending as un-executed by the respondent Police. Except A1, against whom NBW is pending, the remaining accused are appearing before the trial Court. He would further submit that there is no progress in the case because of the pendency of NBW against A1. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (crl.side) appearing for the respondent would submit that the respondent may be directed to execute the Non Bailable Warrant, as expeditiously as possible.

4. The Court heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondent.

5. Considering the facts and circumstances of the case and also the submissions made on either side, this Court directs the respondent to execute the Non-Bailable Warrant issued against the first accused issued in C.C.No.531 of 2004 by the learned Judicial Magistrate No.II, Madurai and now renumbered and pending in C.C.No.22 of 2014 before the learned Additional Mahila Court (Magistrate Level), Madurai, as expeditiously as possible, preferably, within the period of two months from the date of receipt of a copy of this order.

6. The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Madurai.

2.The Additional Mahila Court (Magistrate Level), Madurai, 3.The Inspector of Police, All Women Police Station, Tallakulam, Madurai City.

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

+1 cc to Mr.S.Ravi , Advocate in SR.No. 55052 MPK AE/RSK/08.05.2017/2P/6C Crl.OP(MD)No.5415 of 2017 Dated:- 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/