IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 665 of 2008() ------------------------ ST.1290/2006 of OF SPECIAL JFCM-VI, MARAD CASES, KOZHIKODE .................... PETITIONER: ------------ K.CHANDRAN NAIR,S/O.LATE P.K.R.KURUPPU, AGED 55,'CHAITHANYA',EAST HILL,WEST HILL P.O, CALICUT- 673 005. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- 1. P.M.UTHUP,CHAIRMAN AND DIRECTOR, MANEL SONS FINANCIAL ENTERPRISES PVT.LTD, MUTHALAKULAM KOZHIKODE. 2. M/S.MANUEL SONS FINANCIAL ENTERPRISES PVT.LTD,ADMINISTRATIVE OFFICE,M.G.ROAD,TRICHUR-1. 3. THE COMMISSIONER OF POLICE,KOZHIKODE. 4. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO.665 of 2008 * * * * * * * * * * * * * * * * * * Dated: 19-02-2008 ORDER Petitioner who is the complainant in S.T. 1290 of 2006 on the file of the Special Judicial First Class Magistrate VI (Marad Cases), Kozhikode is aggrieved by the steps taken by the Magistrate to include the case in the L.P. Register on being unable to execute the process to the accused in the case. According to the petitioner, the warrant was once handed over to the petitioner for execution and even though he had pointed out the accused to the police constable, the accused evaded his arrest stating that he is not the accused. The diary extract produced by the petitioner shows that warrant was even attempted through the City Police Commissioner but in vain. I propose to give the court below one more opportunity before proceeding with the steps under Sections 82 and 83 Cr.P.C against the accused. The court below -:2:- shall issue one more non-bailable warrant against the accused through the Assistant City Police Commissioner, (South) Kozhikode and the same shall be handed over to the petitioner/complainant for execution. The learned Magistrate shall continue steps under Sections 82 and 83 Cr.P.C only if the fresh warrant issued to the Assistant City Police Commissioner also becomes futile. The petitioner shall remit the necessary batta within ten days from today before the court below. This Crl. M.C is disposed of as above. V. RAMKUMAR, (JUDGE) ani. -:3:-