Mohanraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18784 of 2022 Mohanraj

...Petitioner

vs

1. The Inspector of Police Krishnarayapuram Police Station, Karur District 2.Neelamegam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue direction restraining the first Respondent from executing the Non-Bailable Warrant issued against the Petitioner pursuant to the Judgement dated 13.09.2022 without issuance of the copy of the judgement and order of conviction in S.T.C.No.144 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram and without completion of statutory period permitted for preferring an appeal.

For Petitioner : Mr.V. Kannan For R-1 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition had been filed for restraining the first Respondent from executing the Non-Bailable Warrant issued against the Petitioner pursuant to the Judgement dated 13.09.2022 without issuance of the copy of the judgement and order of conviction in S.T.C.No.144 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram and without completion of statutory period permitted for preferring an appeal.

2. The Petitioner is an accused. He had approached this Court restraining the Inspector of Police, Krishnarayapuram Police Station not to execute the Non Bailable Warrant issued against the Petitioner pursuant to the judgment dated 13.09.2022 in STC No.144 of 2021.

3. The Petitioner is seeking direction against the guidelines for exercising of jurisdiction by the High Court under Section 482 of Cr.P.C It is only for upholding the majesty of law. Here the Petitioner had suffered judgment and in the light of judgment of the learned District Munsif cum Judicial Magistrate, Krishnarayapuram Police had issued warrant which is pending before the 2/4

Krishnarayapuram Police Station. Therefore the Petitioner has to obey the Court and directed to surrender before the learend Magistrate failing which the first Respondent shall execute warrant and remand him. In case if the Petitioner is arrested and remanded by the learned Magistrate, he shall not suspend the sentence.

4. In view of the same the Criminal Original Petition stands dismissed. 17.11.2022 Internet:Yes/No Index:Yes/no aav To

1. The District Munsif cum Judicial Magistrate, Krishnarayapuram

2. The Inspector of Police Krishnarayapuram Police Station, Karur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.18784 of 2022 17.11.2022 4/4