1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2011 CORAM: THE HONOURABLE MS JUSTICE R.MALA Crl.O.P.(MD)No.8115 of 2011 Chidambaram ... Petitioner Vs 1.The Superintendent of of Police, Karur District, Karur. 2.The Inspector of Police, Karur Town Police Station, Karur District. ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to execute the warrant in S.C.No.26 of 2000 on the file the learned Chief Judicial Magistrate-cum- Additional Sessions Judge, Karur as per the representation of the petitioner dated 15.05.2011. For Petitioner : Mr.S.Gokulraj For Respondents: Mr.K.V.Rajarajan Govt Advocate (Crl. Side) ORDER This petition has been filed by the petitioner seeking direction to direct the second respondent to execute the warrant in S.C.No.26 of 2000 on the file the learned Chief Judicial Magistrate-cum- Additional Sessions Judge, Karur as per the representation of the petitioner dated 15.05.2011. 2. Heard Mr.S.Gokulraj, learned counsel appearing for the petitioner and also Mr.K.V.Rajarajan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit that the petitioner is the de-facto complainant and on the basis of complaint given by him, a case has been registered and charge sheet has also been filed which was taken on file as S.C.No.26 of 2004 and the case ended into conviction under Section 307 of IPC, thereby sentenced him to undergo seven years imprisonment and imposed a fine of Rs.5,000/-. Against which he preferred an appeal before the learned Principal Sessions Judge, Karur, in C.A.No.89 of 2004. The same was dismissed on 26.07.2004, confirming the sentence passed by the trial Judge. Against which, he preferred Crl.R.C.No.739 of 2005 before this Court which was dismissed for non- prosecution on 26.02.2008 and consequently this Court cancelled the bail and further directed the trial Court to issue a non-bailable warrant against the accused. Hence, NBW has been issued for securing to undergo the remaining period of imprisonment awarded by the lower Court. But, the respondent has not taken any steps to execute the warrant. Hence, he come forward before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Criminal side) would submit in his argument that the second respondent police is taking effective steps to secure the accused. 5. Considering the rival submissions, I am inclined to direct the second respondent to execute the non-bailable warrant issued by the learned Chief Judicial Magistrate -cum-Assistant Sessions Judge, Karur, in S.C.No.26 of 2000 within a period of two weeks from the date of receipt of a copy of this order. 6 With the aforesaid direction, this petition is ordered. Sd/- Assitant Registrar (RTI) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of of Police, Karur District, Karur. 2.The Inspector of Police, Karur Town Police Station, Karur District. 3.The Chief Judicial Magsitrate cum Additional Sessions Judge, Karur. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.S.Gokulraj, Advocate, SR.No.22591 gsr Crl.O.P(MD).No.8115 of 2011 12.07.2011 TR : 19.07.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/