Madras High CourtCRL OP(MD)/20318/2022disposed of

Mohamed Naiynar v. The Superintendent Of Police

2022-11-25Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.20318 of 2022 Mohammed Naiynar

...Petitioner

vs 1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents to execute a Non-Bailable Warrant(NBW) against the accused in CC.No.159 of 2015 on the file of the learned Judicial Magistrate, Tenkasi considering the representation dated 24.08.2022. For Petitioner : Mr.S.M.A.Jinnah For Respondents: Mr.R.Sivakumar Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition had been filed to direct the Respondents to execute a Non-Bailable Warrant (NBW) against the accused in C.C.No.159 of 2015 on the file of the learned Judicial Magistrate, Tenkasi, considering the representation dated 24.08.2022. 2.It is the submission of the learned Counsel for the Petitioner that the Petitioner is the complainant in C.C.No.159 of 2015 on the file of the learned Judicial Magistrate, Tenkasi. The accused had absconded. Therefore, the learned Judicial Magistrate, Tenkasi, had issued Non Bailable Warrant against him. In spite of the pendency of the case, the Respondent Police had not acted. Therefore, the Petitioner seeks direction from this Court to execute the warrant against the accused in C.C.No.159 of 2015.

3.Considering the submission of the learned Counsel for the Petitioner, the Respondents are directed to execute the warrant and produce the accused before the Court of the learned Judicial Magistrate, Tenkasi. 2/4

Also, the learned Judicial Magistrate, Tenkasi shall pass appropriate orders, directing the Respondents to issue lookout notice. 4.With the above direction, this Criminal Original Petition is disposed of.

Internet:Yes/No 25.11.2022 Index:Yes/No mm To 1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm Crl.O.P (MD) No.20318 of 2022 25.11.2022 4/4