Madras High CourtCRL OP(MD)/13382/2020disposed of

A.S.A.Chackaravarthi v. The Superintendent Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13382 of 2020 A.S.A.Chackaravarthi ... Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.

... Respondents/ Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct to the 2nd respondent herein to execute the Bailable Warrant pending against the accused / Manikandan in C.C.No. 253 of 2016 on the file of the Learned Judicial Magistrate Fast Track Court, Thoothukudi, Thoothukudi District within the stipulated time as fixed by this Court.

For Petitioner :Mr.K.Veilmuthu For Respondents :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent herein to execute the Bailable Warrant pending against the accused / Manikandan in C.C.No. 253 of 2016 on the file of the Learned Judicial Magistrate Fast Track Court, Thoothukudi, Thoothukudi District.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner is the complainant. He lodged complaint as against the accused for the offences punishable under Section 138

of Negotiable Instruments Act in C.C.No.154 of 2013 on the file of the learned Judicial Magistrate (Special Court for Land Grabbing Cases), Thoothukudi. Subsequently, it was transferred to the file of learned Judicial Magistrate, (Fast Track Court), Thoothukudi and re-assigned as C.C.No.253 of 2016. Before the learned Judicial magistrate (Special Court for Land Grabbing Cases), Thoothukudi in C.C.No.154 of 2013, the accused has not received the summons and he failed to appear before the Trial Court. Therefore, the Trial Court issued bailable warrant as against the accused and forwarded to the second respondent for execution of the same. However, it is pending without executing the bailable warrant issued against the accused persons till today. 3.Considering the above, the second respondent is directed to execute the bailable warrant as against the accused in C.C.No.253 of 2016, on the file of the learned Judicial Magistrate (Fast Track Court), Thoothukudi within a period of twelve weeks from the date of receipt of a copy of the order.

4.It is made clear, the petitioner is directed to furnish the correct address of the accused and co-operate for execution of the bailable warrant issued against the accused.

5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar lr To:

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.

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

+1 CC to M/s.K.VEILMUTHU, Advocate (SR-6383[F] dated 16/02/2022) Crl.O.P.(MD)No.13382 of 2020 15.02.2022 https://hcservices.ecourts.gov.in/hcservices/ SP/01/03/2022/2P/5C