THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9927 of 2010 Date:26.07.2010 Between: A. Palaniswamy. ..... Petitioner AND The Superintendent of Police, Guntur. .....Respondent Counsel for the Petitioner: Sri Ganduri Nageswara Rao Counsel for Respondent: Assistant Government Pleader for Home The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of the respondent in executing non-bailable warrants (NBWs) against accused Nos.5 to 7 in C.C.No.63 of 2009 on the file of the learned Chief Judicial Magistrate, Coimbatore, as illegal and arbitrary. As there is inordinate delay in execution of NBWs against accused Nos.5 to 7 of whom accused Nos.5 and 6 are Police Constables, this Court took a serious notice of the same and passed the following order on 19.07.2010: “ Though time was granted on two occasions, no counter-affidavit is filed. The grievance of the petitioner is that the respondent has not been taking any action to execute the NBWs pending against accused Nos.5 to 7 in C.C.No.63 of 2009 on the file of Chief Judicial Magistrate, Coimbatore, despite the fact that the said accused are his subordinates. At the hearing, the learned Assistant Government Pleader for Home sought for further adjournment for filing counter-affidavit. As a last chance, the request of the learned Assistant Government Pleader is accepted and the case is adjourned by a week. If the counter affidavit with satisfactory explanation for non-execution of the NBWs is not filed by the respondent, this Court will exercise the option of summoning the respondent to personally explain the reasons therefor. Post on 26.07.2010.” The Superintendent of Police, Guntur, has filed a counter-affidavit, wherein it is inter alia stated that he has assumed charge on 27.04.2010 and that he was not aware of the pendency of the NBWs. He further stated that on receiving information dated 19.07.2010 from the office of the Government Pleader for Home, immediately he summoned the Circle Inspector of Police, West Circle, Guntur, and enquired into the matter and that he was informed that NBWs were executed against accused Nos.5 and 6 by producing them in the Court of the learned Chief Judicial Magistrate, Coimbatore, on 22.07.2010. He also stated that NBWs against accused No.7, who is the driver of the car in question, could not be executed as the enquiries revealed that no person, by name, Ramesh has worked as driver and that however, a special team was constituted for execution of NBWs against accused No.7. Having considered the averments contained in the counter-affidavit and the action taken on the direction of this Court to execute NBWs against accused Nos.5 and 6 and the assurance given by the Superintendent of Police that prompt action is being taken to execute NBWs against accused No.7 as well, this Court does not find any reason to continue the writ petition on file. The Writ Petition is accordingly disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.12773 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 26th July, 2010 GHN