Grace Exports Company v. The Commissioner Of Police

Crl.O.P(MD)No.11358 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11358 of 2020 Grace Exports Company, Through its Proprietor Murugan,S/o Karuvelan, 10/297-1, Muppulivetti Main Road, Ottapidaram Post, Thoothukudi District ... Petitioner Vs 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, Podanur Police Station, Coimbatore City.

3.A.Ashraf ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi, to issue fresh warrant of arrest (Non Bailable) in C.C.No.35 of 2018 against the 3rd respondent and forward to the 2nd respondent for executing the same.

For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

2.The petitioner is the complainant in C.C.No.35 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi. It is a case arising under Section 138 of Negotiable Instruments Act. The third respondent herein is figuring as the sole accused in the said complaint. The petitioner's counsel points out that the third respondent has now been arrested in connection with Crime No.1529 of 2020 on the file of second respondent. He is presently remanded to custody. NBW https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11358 of 2020 earlier issued by the jurisdictional court in the petition mentioned calender case was returned. The petitioner seeks re-issuance of the same by way P.T. Warrant.

3.No exception can be taken to the said request. 4.Therefore, the learned The Judicial Magistrate, Fast Track Court ( Magisterial Level), Thoothukudi is directed to issue P.T. warrant against the sole accused/A.Ashraf in C.C.No.35 of 2018. 5.This criminal original petition is allowed on these terms. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ias NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, Podanur Police Station, Coimbatore City.

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

Copy to:- The Judicial Magistrate, Fast Track Court ( Magisterial Level), Thoothukudi.

Crl.O.P(MD)No.11358 of 2020 15.10.2020 VB (03.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2