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Madras High CourtCRL OP(MD)/7298/2022disposed of

M/S. Sonel Instruments India Pvt. Ltd., v. The Superintendent Of Police

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Sonel Instruments India Pvt. Ltd., Represented by its Managing Director, Mr.Shyam Ravindran Having Office at No.8D, KP Natwest Viceroy, Velacherry Main Road, Pallikaranai, Chennai.

...Petitioner

Vs.

1.The Superintendent of Police, Madurai District, 2.The Sub-Inspector of Police, Austinpatti Police Station, 3.The Inspector of Police, Thirunagar Police Station,

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 and 3 to execute the Non bailable warrant issued by the learned Metropolitan Magistrate Fast Track Court No.I, Allikulam, Chennai in C.C.No.3084 of 2015, order dated 13.10.2021.

For Petitioner : Mr.M.Govindarajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 3 to execute the Non bailable warrant issued by the learned Metropolitan Magistrate Fast Track Court No.I, Allikulam, Chennai in C.C.No.3084 of 2015, order dated 13.10.2021.

2. The petitioner is a complainant and he lodged a complaint as against the accused persons for the offences punishable under Section 138 of the Negotiable Instruments Act. The same has been 1/3

taken cognizance in C.C.No.3084 of 2015 on the file of the learned Metropolitan Magistrate Fast Track Court No.I, Allikulam, Chennai and the accused was convicted and sentenced by an order, dated 13.10.2021. Thereafter, the accused did not prefer any appeal as against the conviction and he was not appeared on the date of judgment. Therefore, the trial Court issued Non bailable warrant as against the accused and it is pending on the file of the third respondent.

3. The learned counsel for the petitioner would submit that the accused is one of the relatives of the police personal in the third respondent. As such, the third respondent is not taking any steps in issuing warrant against the accused.

4. Considering the above, the third respondent is directed to execute the Non bailable warrant issued as against the accused in C.C.No.3084 of 2015 on the file of the learned Metropolitan Magistrate Fast Track Court No.I, Allikulam, Chennai, by an order, dated 13.10.2021 within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish correct address of the accused and co-operate for execution of the Non bailable warrant as against the accused.

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

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Metropolitan Magistrate Fast Track Court No.I, Allikulam, Chennai.

2.The Superintendent of Police, Madurai District, 3.The Sub-Inspector of Police, Austinpatti Police Station, 2/3

4.The Inspector of Police, Thirunagar Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.M. GOVINDARAJAN, Advocate ( SR-19863[F] dated 20/04/2022 ) 20.04.2022 RK(17/05/2022) 3P 7C 3/3