Madras High CourtWP(MD)/6571/2016closed

N.Chandramohan v. Assistant Superintendent

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6571 of 2016 N.Chandramohan ... Petitioner -vs1.Assistant Superintendent of Police Sub Division Camp Office, Virudhunagar Sub Division Virudhunagar District 2.The Inspector of Police, Bazaar Police Station, Virudhunagar, Virudhunagar District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to forbear the respondents from arresting the petitioner by executing any warrant against the petitioner issued by the learned Judicial Magistrate, Muzzafarpur, Bihar.

For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.D.Muruganandam, Addl. Govt. Pleader for R1 to R3

O R D E R

This writ petition has been filed, seeking to forbear the respondents from arresting the petitioner by executing any warrant against the petitioner issued by the learned Judicial Magistrate, Muzzafarpur, Bihar.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. When the writ petition was taken up for hearing, the learned Additional Government Pleader, on instructions, submitted that the police have received two non bailable warrants in GR No.1251/1977 issued by the learned Judicial Magistrate, Muzzafarpur, Bihar, for effecting the arrest of (i) Partner of M/s. Mohan Traders, 312 Theppam West Bazaar, Virudhunagar and https://hcservices.ecourts.gov.in/hcservices/

(ii) Partner of M/s.A.K.Nagarajan and sons, 312 Theppam West Bazaar, Virudhunagar.

4. The learned counsel for the petitioner submitted that the petitioner's father Mr.A.K.Nagarajan was the accused. He was running the business in the year 1977 and he died on 15.09.2006. A copy of the Death Certificate was also produced before this Court.

5. The learned Additional Government Pleader also conceded that the police have obtained the death certificate of Mr.A.K.Nagarajan, which shows that he died on 15.09.2006.

6. The warrants do not bear the name of the petitioner as a person to be arrested. Under such circumstances, the respondent police is directed to return the warrants and send a report to the learned Judicial Magistrate, Muzzafarpur, Bihar, together with a copy of this order, so that the learned Judicial Magistrate can take further action in accordance with law.

With the above direction, this writ petition is closed. No costs. Consequently connected Miscellaneous Petition in WMP No.5674 of 2016 is closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar RR To 1.Assistant Superintendent of Police Sub Division Camp Office, Virudhunagar Sub Division Virudhunagar District 2.The Inspector of Police, Bazaar Police Station, Virudhunagar, Virudhunagar District +1CC to Spl.Government Pleader Sr.No.19128 +1CC to Mr.T.Antony Arul Raj Advocate Sr.No.18894 GJM/SKS/RR/13.4.16-2p-5C W.P.(MD)No.6571 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/