Meharunnisa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Meharunnisa ... Petitioner in both Crl.O.Ps Vs.

1.The Superintendent of Police, District Police office, Subramaniyapuram, Trichy District.

2.State rep. by The Inspector of Police, Taluk Police Station, Manapparai, Trichy District.

... Respondents in both Crl.O.Ps Common Prayer: These Criminal Original Petitions are filed under Section 482 of Cr.P.C., to direct the 2nd respondent police, Taluk Police Station, Manapparai to execute the non-bailable warrant issued by the learned Judicial Magistrate, Manapparai in STC Nos.241 and 243 of 2018 respectively.

(In both Crl.O.Ps) For Petitioner : Mr.M.Karunanithi For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

C O M M O N O R D E R Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The petitioner is the complainant in S.T.C.Nos.241 and 243 of 2018 on the file of the Judicial Magistrate, Manapparai. Both the cases filed under Section 138 of the Negotiable Instruments Act. Savarimuthu was the accused in S.T.C.No.243 of 2018 and one Muthukumar was the accused in S.T.C.No.241 of 2018. Both the cases ended in conviction and sentence. It is asserted by the petitioner's counsel that the judgment of conviction given by the 1/3

jurisdictional Magistrate has not been put to challenge in appeal. Even though a non bailable warrant was issued by the concerned Court, till date, it has not been executed. Hence, these criminal original petitions have been filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that no warrant has been received from the Court below.

4.Be that as it may, I direct the learned Judicial Magistrate, Manappari to ensure that the respondent executed the non bailable warrant issued in the aforesaid cases. This exercise shall be concluded within a period of six weeks from the date of receipt of a copy of this order.

5.These criminal original petitions are allowed on these terms. The Registry is directed to mark a copy of this order to the learned Judicial Magistrate, Manappari.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Superintendent of Police, District Police office, Subramaniyapuram, Trichy District.

2.The Inspector of Police, Taluk Police Station, Manapparai, Trichy District.

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

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Copy to:

The Judicial Magistrate, Manapparai.

25.11.2021 RK(04/12/2021) 3P 5C 3/3