Madras High CourtCRL OP(MD)/14139/2019disposed of

Grace Exports Company v. The Commissioner Of Police

2019-10-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Grace Exports Company through its Proprietor Murugan S/o.Karuvelan 10/297-1, Muppulivetti Main Road Ottapidaram Post Thoothukudi District

...Petitioner/Complainant

Vs.

1. The Commissioner of Police Coimbatore City, Coimbatore 2.The Inspector of Police Podanur Police Station Coimbatore City 3.A.Ashraf Proprietor Hindustan Traders 274-B, Taj Building Near Podanur Post Office Podanur Main Road Podanur, Coimbatore ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 and 2 to execute the warrant of arrest (Non Bailable), dated 25.02.2019, issued against the 3rd respondent by the Fast Track Court - Magisterial level at Thoothukudi in C.C.No.35/2018.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Suyambulinga Bharathi No.1 & 2 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the first and second respondent to execute the warrant of arrest (Non Bailable), dated 25.02.2019, issued against the 3rd respondent by the learned Judicial Magistrate, Fast Track Court(Magisterial level) Thoothukudi in C.C.No.35/2018.

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2. The learned counsel for the petitioner would submit that the petitioner initiated proceedings under Section 138 of the Negotiable Instrument Act against the third respondent in C.C. No.35 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court(Magisterial level) Thoothukudi. Before the trial court the third respondent did not appear and as such the trial court issued Non Bailable Warrant as against the third respondent on 25.02.2019, which is pending on the file of the second respondent. Till today, they have not taken any steps to execute the Non Bailable Warrant as against the third respondent herein.

3. The learned Government Advocate(Crl.Side) would submit that since the respondent police could not trace the address mentioned in the warrant they are unable to trace the accused and as such the warrant is pending with the second respondent.

4. Considering the above facts and circumstances of the case, the petitioner is directed to furnish the correct address and location of the third respondent to the second respondent and on receipt of the same, the second respondent is directed to execute the Non Bailable Warrant as against the third respondent in CC No.35 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court(Magisterial level) Thoothukudi within a period of six weeks from the date of receipt of a copy of thus order.

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

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar aav To

1. The Judicial Magistrate, Fast Track Court(Magisterial level), Thoothukudi

2. The Commissioner of Police Coimbatore City, Coimbatore 3.The Inspector of Police Podanur Police Station Coimbatore City 2/3

COPY TO:

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

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-91509[F] dated 04/10/2019 ) 04.10.2019 JM/24.10.2019/3P/6C 3/3