HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19341 of 2009 Dated: 17-06-2010 Between: Sri Om Prakash Agarwal. … Petitioner And The Assistant Commissioner of Police, Panjagutta Police Station & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19341 of 2009 ORDER: In this writ petition, the petitioner seeks for a Writ of Mandamus, declaring the inaction of respondents 1 and 2 in executing the Non-bailable warrants issued against the accused in C.C.No.2521 of 2003 (old number) and C.C.No.306 of 2008 (new number) on the file of the III Additional Judicial First Class Magistrate, Kothagudem, and returning the warrants to the Court on the ground that the whereabouts of the accused were not known, vide report, dated 29th of January 2009. The petitioner is the complainant in the case filed under Section 200 Cr.P.C., against respondents 3 to 10 for the alleged offences under Sections 138 and 142 of the Negotiable Instruments Act. On filing such complaint, when there was no appearance on behalf of accused, the Court below has issued Non-bailable Warrants against some of the accused, and subsequently, recalled on the undertaking furnished by them to appear before the Court. It is the case of the petitioner that even after giving the undertaking, the accused did not chose to appear, as such, fresh warrants were issued. It is stated that the above said warrants were returned by the Inspector of Police, P.S.Panjagutta, along with his report that the accused are not available for the past five years, at the given address, and that their whereabouts are not known. A perusal of the report also indicate that the party, which is deputed to execute the warrants, was also accompanied by the petitioner and his cousin by name Kishan Agarwal, but even on the said day, the accused were not available at the given address. In that view of the matter, it cannot be said that there is deliberate attempt on the part of Police in not executing the warrants against the accused. If there are any objections to the report sent by the Police, the petitioner as well can raise objections before the very same Court, where the complaint is lodged. It is equally open to the petitioner to furnish the correct addresses of the accused and seek for issuance of fresh warrants, but, no directions can be given as prayed for in the writ petition. In that view of the matter, keeping it open to the petitioner to move the trial Court with appropriate application for issuance of fresh warrants against the accused, this writ petition is closed. No order as to costs. ______________________ R. SUBHASH REDDY, J 17th June 2010 ajr