Madras High CourtCRL OP(MD)/10161/2019disposed of

A.Dhanalakshmi v. The Commissioner Of Police

2019-11-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.10161 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.10161 of 2019 A.Dhanalakshmi ...

Petitioner Vs 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station (L&O) Madurai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to execute the non bailable warrant on the basis of the order of the Additional Chief Judicial Magistrate, Madurai in Cr.M.P.No.296/2017 in M.C.No.32/2016 within the stipulated time.

For Petitioner : Mr.B.Sukumar For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondents to execute the non bailable warrant on the basis of the order of the Additional Chief Judicial Magistrate, Madurai in Cr.M.P.No.296/2017 in M.C.No.32/2016 within the stipulated time. 2.The petitioner wife filed M.C.No.32 of 2016, which was awarded in her favour. Thereafter, to execute the said award, petitioner filed petition in Cr.M.P.No.296 of 2017 under Section 128 of Cr.P.C. Even after receipt of notice, the accused viz., the husband of the petitioner did not appear before the trial Court and as such, the trial Court issued non bailable warrant on 03.05.2017 and it is pending on the file of the 2nd respondent. 3.Considering the facts and circumstances of the case, the 2nd respondent is directed to execute the non bailable warrant issued as against the husband of the petitioner viz., respondent in M.C.No.32 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10161 of 2019 of 2016 on the file of the Additional Chief Judicial Magistrate, Madurai, within a period of 4 weeks from the date of receipt of a copy of this order.

4.With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station (L&O) Madurai.

3.The Additional Chief Judicial Magistrate, Madurai.

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

+1 CC to M/s.B. SUKUMAR, Advocate ( SR-99694[F] dated 20/11/2019 ) Order made in CRL.O.P (MD) No.10161 of 2019 20.11.2019 Arul SDS (20.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2