Madras High CourtCRL OP(MD)/10590/2024disposed of

Pandi v. T.Vanchinathan

2024-07-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.10590 of 2024 Pandi ... Petitioner Vs

1. T.Vanchinathan

2. The Inspector of Police, Royappanpatti Police Station, Royanppanpatti, Theni District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent police to execute a Non Bailable Warrant (NBW) dated 30.05.2023 issued against the first respondent/ accused in STC No.128/2022 on the file of the learned Judicial Magistrate No.1, Usilampati within a stipulated time that they may be fixed by this Court.

For Petitioner : Mr.J.Selvam, For R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This criminal original petition has been filed seeking a direction to the second respondent police to execute the non bailable warrant, dated 30.05.2023, issued against the first respondent/ accused in STC No.128 of 2022, on the file of the learned Judicial Magistrate No.1, Usilampati. 2.The learned Counsel appearing for the petitioner submits that the first respondent, who is an accused in S.T.C.No.128 of 2022, has failed to appear before the trial Court on 30.05.2023. Therefore, a non-bailable warrant was issued as against him. However, the warrant has not been executed for the past one year. Therefore, the trial in S.T.C.No.128 of 2022 has been stalled.

3.The learned Government Advocate (Crl.Side) submits that the warrant, dated 30.05.2023, was served on the respondent police only on 04.09.2023. They are also searching for the accused and the accused is not available in the residence. Apart from this warrant, another non-bailable warrant is also pending as against him. Therefore, they are taking serious 2/4

steps and they would secure the accused, within a period of two weeks, from the date of receipt of a copy of this order. 4.Recording the submission made by the learned Government Advocate (Crl.Side), this criminal original petition is disposed of with a direction to the respondent police to secure the first respondent herein and execute the non-bailable warrant, within a reasonable time. 16.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Inspector of Police, Royappanpatti Police Station, Royanppanpatti, Theni District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.10590 of 2024 16.07.2024 4/4