Meharunnisa vs The Superintendent Of Police
2021 Latest Caselaw 23134 Mad

                                                                Crl.O.P(MD)Nos.18462 and 18454 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 25.11.2021

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                   Crl.O.P(MD)Nos.18462 and 18454 of 2021

                     Meharunnisa                            ... Petitioner in both Crl.O.Ps
                                                         Vs.


                     1.The Superintendent of Police,
                       District Police office,
                       Subramaniyapuram,
                       Trichy District.

                     2.State rep. by
                       The Inspector of Police,
                       Taluk Police Station,
                       Manapparai,
                       Trichy District.                     ... Respondents in both Crl.O.Ps

                     Common Prayer: These Criminal Original Petitions are filed under
                     Section 482 of Cr.P.C., to direct the 2nd respondent police, Taluk Police
                     Station, Manapparai to execute the non-bailable warrant issued by the
                     learned Judicial Magistrate, Manapparai in STC Nos.241 and 243 of
                     2018 respectively.
                     (In both Crl.O.Ps)
                                  For Petitioner       : Mr.M.Karunanithi
                                  For Respondents : Mr.M.Sakthi Kumar,
                                                   Govt. Advocate (Crl. Side).


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                                                                   Crl.O.P(MD)Nos.18462 and 18454 of 2021


                                                  COMMONORDER



                                  Heard the learned counsel for the petitioner and the learned

                     Government Advocate (Crl. Side) for the respondents.



                                  2.The petitioner is the complainant in S.T.C.Nos.241 and 243 of

                     2018 on the file of the Judicial Magistrate, Manapparai. Both the cases

                     filed under Section 138 of the Negotiable Instruments Act. Savarimuthu

                     was the accused in S.T.C.No.243 of 2018 and one Muthukumar was the

                     accused in S.T.C.No.241 of 2018.            Both the cases were ended in

                     conviction and sentence. It is asserted by the petitioner's counsel that the

                     judgment of conviction given by the jurisdictional Magistrate has not

                     been put to challenge in appeal. Even though a non bailable warrant was

                     issued by the concerned Court, till date, it has not been executed. Hence,

                     these criminal original petitions have been filed.



                                  3.When the matter was taken up for hearing, the learned

                     Government Advocate (Crl. Side) submitted that no warrant has been

                     received from the Court below.




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                                                                     Crl.O.P(MD)Nos.18462 and 18454 of 2021


                                  4.Be that as it may, I direct the learned Judicial Magistrate,

                     Manappari to ensure that the respondent executed the non bailable

                     warrant issued in the aforesaid cases. This exercise shall be concluded

                     within a period of six weeks from the date of receipt of a copy of this

                     order.



                                  5.These criminal original petitions are allowed on these terms.

                     The Registry is directed to mark a copy of this order to the learned

                     Judicial Magistrate, Manappari.



                                                                                    25.11.2021
                     Index :Yes/No
                     Internet : Yes/No
                     ias


                     Note :In view of the present lock down owing to
                     COVID-19 pandemic, a web copy of the order may be
                     utilized for official purposes, but, ensuring that the copy
                     of the order that is presented is the correct copy, shall be
                     the responsibility of the advocate/litigant concerned.
                     To:

                     1.The Superintendent of Police,
                       District Police office,
                       Subramaniyapuram,
                       Trichy District.

                     2.The Inspector of Police,
                       Taluk Police Station,
                       Manapparai, Trichy District.
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                                                          Crl.O.P(MD)Nos.18462 and 18454 of 2021


                                                              G.R.SWAMINATHAN, J.

ias

Copy to:

The Judicial Magistrate, Manapparai.

Crl.O.P(MD)Nos.18462 and 18454 of 2021

25.11.2021

https://www.mhc.tn.gov.in/judis