Madras High CourtCRL OP(MD)/20670/2023disposed of

K.Baseer Ahamed v. The Superintendent Of Police

2023-11-17Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Baseer Ahamed ... Petitioner Vs.

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

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

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent herein to execute the non bailable warrant dated 09.12.2022, issued against the accused in S.T.C.No.1336 of 2022 on the file of the learned Judicial Magistrate, Tenkasi, Tenkasi District forwarded vide D.No.2044/2023 dated 14.09.2023 to the second respondent herein, pursuant to the representation dated 06.10.2023 to the first respondent herein. 1/5

For Petitioner : Mr.R.Ilayaraja For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent herein to execute the non bailable warrant dated 09.12.2022, issued against the accused in S.T.C.No.1336 of 2022 on the file of the learned Judicial Magistrate, Tenkasi, Tenkasi District forwarded vide D.No.2044/2023 dated 14.09.2023 to the second respondent herein, pursuant to the representation dated 06.10.2023 to the first respondent herein. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. 3.The learned counsel appearing for the petitioner would submit that the petitioner has filed a complaint for the offence under Section 138 (b) r/w 142 of Negotiable Instruments Act before the learned Judicial Magistrate, Tenkasi, Tenkasi District. The case was taken on file in S.T.C.No.1336 of 2022. Since the accused has not turned up, Non2/5

Bailable Warrant was ordered to be issued on 09.12.2022. The NonBailable Warrant sent to the second respondent for execution and that the petitioner has also given representation dated 06.10.2023 to the respondents, but no action was taken. Hence, the present petition has been filed.

4.The learned Government Advocate (Crl. Side) submitted that within 15 days, the said warrant will be executed, since the warrant was received only on 14.09.2023.

5.Recording the submission made by the learned Government Advocate (Crl. Side), this criminal original petition is disposed of. 17.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG 3/5

To 1.The learned Judicial Magistrate, Tenkasi, Tenkasi District.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Inspector of Police, Kutralam Police Station, Tenkasi District.

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

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G.ILANGOVAN ,J.

VSG 17.11.2023 5/5