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Madras High CourtCRL OP(MD)/9664/2024disposed of

Ashok Kumar v. The Superintendent Of Police

2024-07-02Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.9664 of 2024 Ashok Kumar ` ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Coimbatore City, Hungaris Road, Uppilipalayam, Coimbatore District 641018.

2. The Inspector of Police, Singanallur Police Station, Singanallur Coimbatore District.

3. Suresh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to take necessary steps to execute the non bailable warrant issued by the learned Judicial Magistrate No.II, Kulithalai, Karur (DT) in STC No.474 of 2022 dated 26.03.2024 within a stipulated time fixed by this court.

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For Petitioner : Mr.T.Dhamodharan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the first respondent to execute the non-bailable warrant issued by the learned Judicial Magistrate No.II, Kulithalai, Karur District, in STC No.474 of 2022, dated 26.03.2024.

2.The learned Counsel appearing for the petitioner submitted that the petitioner is the complainant in S.T.C.No.474 of 2022, on the file of the learned Judicial Magistrate No.II, Kulithalai, Karur District. He further submits that as directed by the learned Judicial Magistrate No.II, Kulithalai, in S.T.C No.474 of 2022, dated 26.03.2024, the respondent police has not executed the non-bailable warrant.

3.It appears that the trial Court has issued a non-bailable warrant as against the private respondent on 26.03.2024. It is not known, whether the 2/5

non-bailable warrant has been served upon the respondent police. However, the learned Counsel for the petitioner submits that the private respondent has already been convicted in another SC/ST case and undergoing imprisonment.

4.In view of the above, the second respondent is directed to take appropriate action, collect the warrant, if he/she was not served with the warrant and execute the same, within a period of eight weeks, from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs. 02.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

To

1. The Superintendent of Police, Office of the Superintendent of Police, Coimbatore City.

Hungaris Road, Uppilipalayam, Coimbatore District 641018.

2. The Inspector of Police, Singanallur Police Station, Singanallur Coimbatore District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.9664 of 2024 02.07.2024 5/5