Adv R.Prakasam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2026

CORAM:

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl.O.P.(MD).No.8132 of 2026 R.Prakasam ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai - 625 007.

2.The Inspector of Police Crime Branch, Tallakulam Police Station Madurai - 625 002.

Crime No.213 of 2026 ...... Respondents PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct second respondent for police verification from accused 1, 2 when and where was the document have purchased for the cheating of the property about Accused No.3 in 1/5

C.C.No.185 of 2024 on the file of the learned Judicial Magistrate No.1, Madurai city.

For Petitioner : Mr.R.Prakasam For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed by the defacto complainant in a private complaint in C.C.No.185 of 2024 pending on the file of Judicial Magistrate No.1, Madurai seeking a direction to the respondent police to execute the NBW that was issued as against the third accused.

2. It could be seen from the records that the third accused in the above said complaint has not appeared and an NBW came to be issued by a learned Judicial Magistrate No.1 Madurai City on 03.06.2024. In order to execute the NBW, The petitioner had preferred Crl.O.P.(MD) No.20305 of 2025 before this Court. This Court by an 2/5

order dated 02.01.2026 had directed the respondent police to execute the warrant as against the accused immediately.

3. According to the learned Additional Public Prosecutor appearing for the second respondents, they could not trace the third accused and they have also filed a report before the concerned Court with regard to the non traceability of the third accused.

4. The present petition has been filed seeking a direction to the respondent police to enquire A1 and A2 with regard to the whereabouts of A3.

5. In a private complaint procedure, the question of utilizing the services of the police to enquire A1 and A2 to find out the whereabouts of A3 would not arise. In case, if the petitioner is able to provide the correct address of A3, the NBW could be executed. Otherwise, it is open to the petitioner to approach the concerned Court for seeking appropriate remedies.

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6. With these observations, the Criminal Original Petition stands disposed of.

24.04.2026.

Internet : Yes/No Index : Yes/No NCC : Yes/No rm To 1.The Commissioner of Police, Madurai City, Madurai - 625 007.

2.The Inspector of Police Crime Branch, Tallakulam Police Station Madurai - 625 002.

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

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R.VIJAYAKUMAR,J.

rm Crl.O.P.(MD)No.8132 of 2026 24.04.2026 5/5