Madras High CourtCRL OP(MD)/14015/2021disposed of

Rosemary v. The Superintendent Of Police

2021-09-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.14015 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14015 of 2021 1.Rosemary 2.Minor Mahadevi ... Petitioners / Petitioners Vs.

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

2.The Inspector of Police, Kamuthi Police Station, Kamuthi, Ramanathapuram District.

3.M.Gurudoss ... Respondents / Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to execute the Non Bailable Warrant issued against the 1st petitioner's husband, namely, Gurudoss, S/o.Muniyasamy in Crl.M.P.No.9 of 2017 in connection with M.C.No.113 of 2013 by the Family Court, Madurai dated 05.04.2017, within a time frame as stipulated by this Court. For Petitioners : Mr.J.Sankarapandian For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the 2nd respondent to execute the 'Non Bailable Warrant' that has been issued by the Family Court, Madurai in Crl.M.P.No.9 of 2017 in connection with M.C.No.113 of 2013 dated 05.04.2017.

2.The learned counsel appearing for the petitioners would submit that even though warrant has been received by the 2nd respondent, so far it has not been executed.

3.The learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that so far the warrant has not been received by the 2nd respondent officially. However, the learned counsel for the petitioners would submit that in D.No.608 dated 19.06.2019, there is an entry to the effect that the warrant has been despatched to the 2nd respondent from the office of the Family Court, Madurai.

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Crl.O.P.(MD) No.14015 of 2021 4.Whatever it may be, a direction is issued to the Family Court, Madurai, to issue duplicate 'Non Bailable Warrant' to secure the 3rd respondent herein to the 2nd respondent within a week from the date of receipt of a copy of this order. On receiving the duplicate 'Non Bailable Warrant', the 2nd respondent is directed to execute the same within a period of 3 months from the date of receipt of the warrant. After that compliance report must be submitted to the Registry.

5.With the aforesaid direction, this petition is disposed of. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Judge, Family Court, Madurai.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police, Kamuthi Police Station, Kamuthi, Ramanathapuram District.

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

Copy to The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.14015 of 2021 21.09.2021 SB(28.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2