Madras High CourtCRL OP(MD)/7563/2017disposed of

Nizamuddin @ M.Mohammed v. M.Siddhiq @ Abu Bakkar

2017-07-19Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.7563 of 2017 Nizamuddin @ M.Mohammed Marzook ... Petitioner -Vs1.M.Siddhiq @ Abu Bakkar 2.A.Malikinnisa 3.The Inspector of Police, Thuraipakkam Police Station, Kancheepuram District.

...Respondents

(R3 impleaded suo moto as per order of this Honourable Court made in Crl.O.P.(MD) No.7563 of 2017 dated 27.06.2017.) Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue a direction, directing the learned Judicial Magistrate No.2, Kumbakonam to issue a fresh nonbailable warrant through the Joint Commissioner of Police, Chennai South Greater City, Chennai-16, in ST.C.No.435 to 440 of 2016, against the respondents.

For Petitioner : No appearance For R1 and R2 : No appearance For R3 : Mr.K.Anbarasan, Government Advocate(Crl.side).

O R D E R

This petition is filed seeking a direction to the learned Judicial Magistrate No.2, Kumbakonam to issue a fresh non-bailable warrant through the Joint Commissioner of Police, Chennai South Greater City, Chennai-16, in ST.C.No.435 to 440 of 2016, against the respondents.

2.The learned Government Advocate (Criminal Side) raised no objection.

https://hcservices.ecourts.gov.in/hcservices/ 3.Having regard to the limited scope of the prayer and the

allegations against the respondent police, this Court is of the view that a direction can be issued to the learned Judicial Magistrate No.II, Kumbakonam. Accordingly, the learned Judicial Magistrate No.II, Kumbakonam is directed to issue fresh nonbailable warrant to the respondents 1 and 2 herein, who are accused in ST.C.No.435 to 440 of 2016, through the third respondent within in a period of six weeks from the date of receipt of a copy of this order. The third respondent is directed to cooperate for the execution of warrant and to produce the witnesses.

4.In the result, this petition is allowed, with the above directions.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Kumbakonam.

2. The Inspector of Police, Thuraipakkam Police Station, Kancheepuram District.

IA/DSK AE/SKN RSK/SAR1/04.08.2017/2P/3C Crl.O.P.(MD) No.7563 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/