The Madurai Bench directed the Inspector of Police to execute a pending bailable warrant against the accused within six weeks of receiving the order under Section 482 Cr.P.C.
Direction to execute the bailable warrant within six weeks from the date of receipt of the order copies.
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Crl.O.P.(MD) No.10373 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.10373 of 2019
Saravanankumar
...Petitioner/Complainant
Vs.
...1st Respondent/Accused
2.The Inspector of Police Oddanchatram Police Station, Dindigul District
...2nd Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to execute the bailable warrant against the 1st respondent issued on 07.09.2018 in C.C.No.23 of 2017 by the Judicial Magistrate, Oddanchatram within a time frame as fixed by this court.
For Petitioner : Mr.D.Venkatesh
For R2 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)
ORDER
This petition has been filed seeking direction to direct the 2nd respondent to execute the bailable warrant against the 1st respondent issued on 07.09.2018 in C.C.No.23 of 2017 by the Judicial Magistrate, Oddanchatram within a time frame as fixed by this court.
2.Heard both side.
3.The learned counsel for the petitioner submitted that the petitioner is the defacto complainant and he initiated proceedings under Section 138 of the Negotiable Instruments Act in C.C.No.23 of 2017 on the file of the learned Judicial Magistrate, Oddanchatram. Pending the said proceedings, on 07.09.2018, bailable warrant was issued as against the first respondent, till date, it is pending on the file of the second respondent. Hence, he filed this petition.
4.The learned Government Advocate (criminal side) https://hcservices.ecourts.gov.in/hcservices/ submitted that the learned Judicial Magistrate, Oddanchatram,
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Crl.O.P.(MD) No.10373 of 2019
issued Bailable Warrant as against the first respondent, which is still pending on the file of the second respondent.
5.Considering the above facts and circumstances of the case, the second respondent is directed to execute Bailable Warrant issued against the first respondent in C.C.No.23 of 2017 within a period of six weeks from the date of receipt of a copy of this order.
6.With the above direction, the Criminal Original Petition is disposed of.
Sd/-
Assistant Registrar (CS-II) // True Copy //
Sub Assistant Registrar(CS)
Ls
To
1.The Judicial Magistrate, Oddanchatram.
2.The Inspector of Police
Oddanchatram Police Station, Dindigul District
3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
+1 CC to M/s.D.VENKATESH, Advocate ( SR-88433[F] dated 23/09/2019 )
Crl.O.P.(MD) No.10373 of 2019 19.09.2019
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1 issue framed by the court
Whether the second respondent is directed to execute the pending bailable warrant against the first respondent within a specified time frame.
1 provisions across 1 enactments
Saravanankumar
Jeyaseelan
The Inspector of Police Oddanchatram Police Station, Dindigul District
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
