Malaiyarasi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Malaiyarasi, : Petitioner Vs

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

2. The Inspector of Police, Tiruppuvanam Police Station, Sivagangai District

3. Dhanabal, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the first respondent to execute the Non Bailable Warrant issued by the District Munsif cum Judicial Magistrate Court,Tirupuvanam, in CC.No.70 of 2022 on 31.05.2022 and within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.S.Bharathi For R1 and R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the first respondent to execute the Non Bailable Warrant issued by the District Munsif cum Judicial Magistrate Court, Tirupuvanam in CC.No.70 of 2022. 2.The learned Additional Public Prosecutor appearing for the first and second respondents would submit that the petitioner has filed a private complaint against the third respondent and the case was taken on file on 07.08.2021 and that since the third respondent after receiving the summons has not turned up consequently, non-bailable warrant was ordered to be issued on 31.05.2022.

3.The learned Counsel appearing for the petitioner would submit that the petitioner has paid necessary process and the non-bailable warrant was issued. However, the second respondent has not taken any steps so far to execute the warrant.

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4.It is pertinent to note that the case is of the year 2022 and the warrant was issued only on 31.05.2022. Considering the above, the question of directing the second respondent to execute the warrant within a time frame cannot be issued. But at the same time, the respondent police are directed to take necessary steps to execute the non-bailable warrant issued by the District Munsif cum Judicial Magistrate Court, Tirupuvanam, against the third respondent, at the earliest.

5.With the above direction, this criminal original petition stands disposed of.

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To

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

2. The Inspector of Police, Tiruppuvanam Police Station, Sivagangai District

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

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K.MURALI SHANKAR , J.

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