Madras High CourtCRL OP(MD)/7538/2025disposed of

K.Arun Balaji v. Bulldyers Integrated Solution Private Limited

2025-04-24Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL K.Arun Balaji ... Petitioner Vs

1. Bulldyers Integrated Solution Private Limited, T-Chander Plaza, 3rd Floor, No.48, Arcot Road, Saligramam, Chennai.

2. Srinath Reddy

3. Santhos Kumar Rai

4. State of Tamilnadu, Rep by the Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai.

5. The Inspector of Police, Perunali, Perunali Town, Ramanathapuram.

... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the 4th respondent police to execute the Non Bailable Warranted issued as against 3rd respondent herein/Accused No.3 on 1/5

10.05.2024 in STC No.207 of 2022 on the file of Learned Judicial Magistrate No.II, Fast Track Court, Magistrate Level, Madurai, within a stipulated time period.

For Petitioner : Mr.Nirajan S.Kumar For R4 and R5 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 4th respondent police to execute the non bailable warrant issued as against the third respondent herein/Accused No.3 on 10.05.2024 in STC No.207 of 2022 on the file of the learned Judicial Magistrate No.II, Fast Track Court, Magistrate Level, Madurai.

2.The learned Counsel for the petitioner would submit that the petitioner is the complainant in the cheque case in S.T.C.No.207 of 2022. Due to non appearance of the third respondent, the trial Court issued non bailable warrant on 10.05.2024, but the fourth respondent has not 2/5

executed the warrant. Hence this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that so far the fourth respondent has not received the non bailable warrant issued by the trial Court and the fifth respondent police station is the jurisdictional police station and therefore, if the trial Court issues warrant directing the particular police station, they will execute the warrant without any delay. 4.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondents, is inclined to pass order.

5.Since the non bailable warrant wass issued by the trial Court as against the third respondent and the same is pending from 10.05.2024, this Court directs the trial Court to issue non bailable warrant by directing the concerned police station to execute the warrant. After receipt of the non bailable warrant, the concerned respondent police shall execute the warrant without any delay.

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6.With the above direction, this criminal original petition is disposed of.

24.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR To

1. The Judicial Magistrate No.II, Fast Track Court (Magistrate Level) Madurai.

2. State of Tamilnadu, Rep by the Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai.

3. The Inspector of Police, Perunali, Perunali Town, Ramanathapuram.

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

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P. DHANABAL, J.

LR 24.04.2025 5/5