Madras High CourtCRL OP(MD)/15741/2019disposed of

S. Arumugam v. The Superintendent Of Police

2019-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15741 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15741 of 2019 S.Arumugam ... Petitioner/Complainant Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District, Thoothukudi.

... Respondents/Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent herein to execute the non bailable warrant dated 20.12.2018, issued against the Accused in C.C.No.134 of 2015 on the file of the learned Judicial Magistrate/Fast Track Court (Magistrate Level), Thoothukudi, Thoothukudi District, forwarded vide D.No.810 dated 19.06.2019 to the second respondent herein, pursuant to the representation dated 06.09.2019 to the first respondent herein.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondents to execute the non bailable warrant dated 20.12.2018, issued against the Accused in C.C.No.134 of 2015 on the file of the learned Judicial Magistrate/Fast Track Court (Magistrate Level), Thoothukudi, Thoothukudi District. 2.The learned counsel for the petitioner submitted that the petitioner has lodged the complaint under Section 138 (b) r/w 142 of Negotiable Instruments Act before the learned Judicial Magistrate/Fast Track Court (Magistrate Level), Thoothukudi, Thoothukudi District and the same has been taken on file in C.C.No.134 of 2015. Thereafter, the accused did not appear before the trial Court and as such, the trail Court issued non bailable warrant on 20.12.2018 and the same is pending on the file of the second respondent.

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Crl.O.P.(MD)No.15741 of 2019 3.Considering the facts and circumstances of the case, the second respondent is directed to execute the non bailable warrant issued as against the accused in C.C.No.134 of 2015 on the file of the learned Judicial Magistrate/Fast Track Court (Magistrate Level), Thoothukudi, Thoothukudi District, within a period of four weeks from the date of receipt of a copy of this order.

4.The petitioner is also directed to co-operate the second respondent to furnish the correct address of the accused. 5.In view of the above, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) das To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District, Thoothukudi.

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

4.The Judicial Magistrate/Fast Track Court (Magistrate Level), Thoothukudi, Thoothukudi District.

+1 CC to M/s.A.THIRUVADI KUMAR, Advocate SR-95000. Crl.O.P.(MD)No.15741 of 2019 30.10.2019 CS(13.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2