Madras High CourtCRL OP(MD)/16059/2023disposed of

Vijayal v. The Superintendent Of Police

2023-09-13Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16059 of 2023 Vijayal ... Petitioner Vs.

1.The Superintendent of Police, 2.The Inspector of Police, Town Police Station, 3.Raja 4.Mahendran 5.Thangeswari ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to execute the non-bailable warrant issued in C.C.No. 171 of 2022 on the file of the Judicial Magistrate Court No.I, Sivagangai against the respondents 3 to 5.

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For Petitioner :Mr.S.Bharathi For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police to execute the warrant issued by the Judicial Magistrate Court No.I, Sivagangai. 2.It is submitted by the learned counsel for the petitioner that the petitioner has filed a complaint against the unofficial respondent Nos.3 to 5 alleging that they have committed the offence punishable under Section 138 of Negotiable Instrument Act and NBWs have been issued against them on 05.05.2023 and the said warrants have not been executed so far by the respondent No.2 police in spite of the directions given by the learned Magistrate and therefore, sought for suitable directions.

3.The learned Government Advocate (Crl.side) submits that the respondent police would execute the warrants, in case if the petitioner cooperates with the police to identify the respondent Nos.3 to 5. It is submitted by the learned counsel 2/5

for the petitioner that the petitioner or her representative would appear before the respondent No.2 police and identify the respondent Nos.3 to 5, who are the accused in CC.No.171 of 2022.

4.Considering the submissions made by the learned counsel on either side, the respondent police are directed to execute the warrants issued against the respondent Nos.3 to 5 in C.C.No.171 of 2022 pending on the file of the learned Judicial Magistrate Court No.I, Sivagangai.

5.With the above directions, this Petition is disposed of. Speaking : Yes / No 13.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Judicial Magistrate No.I, Sivagangai.

2.The Superintendent of Police, 3/5

3.The Inspector of Police, Town Police Station, 4.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.16059 of 2023 13.09.2023 5/5