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Madras High CourtCRL OP(MD)/6479/2025disposed of

M.Isacc v. The State Of Tamil Nadu

2025-04-08Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL M.Isacc ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Nagercoil Town, Kanyakumari District.

3. The Inspector of Police, Boothapandi Police Station, Kanyakumari District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondent police to execute the non bailable warrant issued against the accused in S.T.C.No.472 of 2022 dated 14.10.2022 pending on the file of the learned Judicial Magistrate Court, Thiruchendur, within the time stipulated by this Court.

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For Petitioner : Mr.M.K.Sachin Rahul for Mr.Arulvadivel Associates For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondent police to execute the Non Bailable Warrant (NBW) issued against the accused in S.T.C.No.472 of 2022 dated 14.10.2022 pending on the file of the Judicial Magistrate Court, Thiruchendur.

2. According to the petitioner, he is the complainant and he lodged a complaint against one Hari Gopala Krishnan and the case is pending from the year 2022. Due to non-appearance of the accused in this case, the Trial Court issued the Non Bailable Warrant on 14.10.2022 and thereafter, the same has not been executed by the 3rd respondent. Therefore, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that they will take steps to execute the warrant within one month.

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4. Since the Non Bailable Warrant was issued by the Trial Court on 14.10.2022 and the same is pending without execution, it is for the Trial Court to execute a fresh warrant by indicating the future date and if any such warrant is issued, the 3rd respondent is directed to execute the warrant as early as possible.

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

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Judicial Magistrate Court, Thiruchendur.

2. The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.

3. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Nagercoil Town, Kanyakumari District.

4. The Inspector of Police, Boothapandi Police Station, Kanyakumari District.

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

CRL. OP(MD) No.6479 of 2025 08.04.2025 Page No. 4 of 4