Madras High Court
G.Sivakumar vs The Chennai City Commissioner Of ... on 6 September, 2022
Crl.O.P.No.1143 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 1143 of 2022
1. G.Sivakumar ... Petitioner
Vs
1. The Chennai City Commissioner of Police,
O/o. The Greater Chennai Commissioner of Police,
E.V.K.Sampath Salai, Vepery,
Chennai – 600007.
2. The Assistant Commissioner of Police,
O/o. The Assistant Commissioner Office,
Anna Nagar Circle,
Chennai – 600040.
3. The Inspector of Police,
V-5, Tirumangalam Police Station,
Anna Nagar West Extn;
Chennai – 600101.
4. N.Ravi ... Respondents
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct
the respondent police to execute the warrant of arrest (Non-Bailable) issued
by the learned Judicial Magistrate, Fast Track Court (Magisterial Level),
Ambattur within a stipulated period in connection with C.C.No.4 of 2017.
1/5
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Crl.O.P.No.1143 of 2022
For Petitioner : Mr.T.Nixon
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor
(for R1 to R3)
ORDER
This Criminal Original Petition has been filed seeking a direction to
the respondent police to execute the warrant of arrest (Non-Bailable) issued
by the learned Judicial Magistrate, Fast Track Court (Magisterial Level),
Ambattur within a stipulated period in connection with C.C.No.4 of 2017.
2. The petitioner is the complainant and he filed a case in C.C.No.4 of
2017 for the offence under Section 138 of Negotiable Instruments Act, 1881
on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level),
Ambattur as against the fourth respondent herein. The trial Court convicted
him and sentenced him to undergo simple imprisonment for the period of
eight months and also directed to pay a compensation of Rs.15,00,000/-.
Aggrieved by the same, the fourth respondent filed an appeal in
Crl.A.No.196 of 2017 and the First Appellate Court dismissed the appeal
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Crl.O.P.No.1143 of 2022
by the judgement dated 17.02.2020. However, the appellate Court modified
the sentence as six months and confirmed the judgment of the trial Court.
Even then, the fourth respondent/accused did not come forward to settle the
amount and thereby did not comply with the judgment of the Courts below.
Therefore, the Trial Court, viz., the Judicial Magistrate, Fast Track Court
(Magisterial Level), Ambattur issued non bailable warrant as against the
fourth respondent / accused and it is pending on the file of the third
respondent herein. However, even till today, the third respondent failed to
execute the non bailable warrant as against the fourth respondent/accused.
3. Considering the above facts and circumstances of the case, the
third respondent/Inspector of Police is directed to execute the non bailable
warrant issued as against the fourth respondent/accused in C.C.No.4 of
2017 on the file of the Judicial Magistrate, Fast Track Court (Magisterial
Level), Ambattur within a period of six weeks from the date of receipt of a
copy of this order. It is made clear that the Petitioner is directed to furnish
the correct address of the fourth respondent and to cooperate while
executing the non bailable warrant issued as against the fourth respondent.
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Crl.O.P.No.1143 of 2022
4. With the above direction, this Criminal Original Petition is
disposed of.
06.09.2022
Index:Yes/No
Speaking/Non speaking order
kv
To
1. The Chennai City Commissioner of Police,
O/o. The Greater Chennai Commissioner of Police,
E.V.K.Sampath Salai, Vepery,
Chennai – 600007.
2. The Assistant Commissioner of Police,
O/o. The Assistant Commissioner Office,
Anna Nagar Circle,
Chennai – 600040.
3. The Inspector of Police,
V-5, Tirumangalam Police Station,
Anna Nagar West Extn;
Chennai – 600101.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.1143 of 2022
G.K.ILANTHIRAIYAN. J,
kv
Crl.O.P.No. 1143 of 2022
06.09.2022
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