Madras High CourtCRL OP(MD)/20448/2023disposed of

Mohammed Usman v. Mohammed Sanjai

2023-12-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mohammed Usman ... Petitioner Vs.

1.Mohammed Sanjai 2.Sherina Begum 3.The State Rep.by The Inspector of Police, Perambalur Police Station, Perambalur District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent to execute the Bailable warrant dated. 03.03.2023 issued against the respondents Nos.1 and 2 in S.T.C No. 1431 of 2022 on the file of the District Munsif cum Judicial Magistrate court, Shenkottai within a period that may be stipulated by this Court.

For Petitioner : Mr.R.Ramanujam For R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.side) 1/4

O R D E R This Criminal Original Petition is filed to direct the third respondent to execute the Bailable warrant dated 03.03.2023 issued against the respondents Nos.1 and 2 in S.T.C No. 1431 of 2022 on the file of the District Munsif cum Judicial Magistrate Court, Shenkottai within a period that may be stipulated by this Court.

2. Earlier, on 15.11.2023, when the matter was taken up for hearing, a report was called for from the District Munsif cum Judicial Magistrate Court, Shenkottai, to whom the warrant was issued for execution. The said report is received from the trial Court stating that on payment of process fee, warrant was issued through Superintendant of Police, Peramalur, for execution, on 07.09.2023 in D.No.3676/2023.

3. The respondent police is present before this Court and stated that the warrant is not received by him.

4. Considering the above submissions, if the original warrant is not available, a duplicate warrant can be issued to the concerned authority by the learned District Munsif cum Judicial Magistrate, Shenkottai. On 2/4

getting the duplicate warrant, authorities concerned shall execute the same thereafter within a period of three months.

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

01.12.2023 Index : Yes/No Internet : Yes/No cp To 1.The Inspector of Police, Perambalur Police Station, Perambalur District.

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

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G.ILANGOVAN. J.

cp 01.12.2023 4/4