M/S Anand Kumar Surana And Sons Huf Kartha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN M/S.Anand Kumar Surana and Sons HUF Kartha, P.Anandkumar, represented by its Power Agent, P.Vinodh Kumar Surana S/o.K.Prakashmal Sankeswara Tower, No.22, Ramanan Road, Sowcarpet, Chennai 600 079.

... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai 7.

2.The Inspector of Police, Southgate Police Station, Madurai 1.

3.A.Mohammed Farook ..Respondents 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to execute the non bailable warrant against the 3rd respondent issued by the learned Fast Track Court No.4, Metropolitan Magistrate Court, George Town, Chennai in CC.No.907 of 2020 within a period stipulated by this Court.

For Petitioner : Mr.M.Mohamed Sherbudeen For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the respondent No.2 police to execute the non bailable warrant issued against the respondent No.3 by the Fast Track Court No.4, Metropolitan Magistrate Court, George Town, Chennai in CC.No.907 of 2020.

2.It is submitted by the learned counsel for the petitioner that the petitioner has filed a complaint in C.C.No.907 of 2020 on the file of the Fast Track Court No.4, Metropolitan Magistrate Courts, George Town, Chennai against the respondent No.3 under Section 138 of Negotiable Instruments Act, 1881, wherein the respondent No.3 failed to appear, on which initially bailable warrant and 2/5

subsequently non bailable warrant were issued against the respondent No.3. It is submitted that the respondent No.3 is residing within the territorial jurisdiction of the respondent No.2 police station. Therefore, the petitioner has sought for a direction to the respondent No.2 police to execute the non bailable warrant. 3.The learned Government Advocate (Crl.side) on the other hand submits that, according to his instructions, the non bailable warrant issued against the respondent No.3 is not pending on the file of the respondent No.2 police station, as it has not been received so far. He has further submitted that in case if the warrant of respondent No.3 is produced before the respondent No.2 police station, certainly the respondent No.2 police would make all the efforts to get the warrant executed against the respondent No.3.

4.By recording the submissions made by the learned Government Advocate (Crl.side), the petitioner is hereby directed to see that the warrant reaches the respondent No.2 police station.

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5.With this direction, this Petition is closed Speaking : Yes / No 10.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Commissioner of Police, Madurai City, Madurai 7.

2.The Inspector of Police, Southgate Police Station, Madurai 1.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12359 of 2023 10.07.2023 5/5