JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the first respondent to execute teh Non-Bailable Warrant, issued by the Additional Mahila Court, Egmore, Chennai, in C.C.No.42 of 2020 against the 2nd and 3rd respondent/accused dated 23.10.2010.)

1. This petition has been filed seeking direction to the first respondent police to execute the NBW, issued by the Additional Mahila Court, Egmore, Chennai, in C.C.No.42 of 2020 against the 2nd and 3rd respondents/Accused dated 23.10.2020.

2. The petitioner is the defacto complainant and based on the complaint given by her, a case was registered in Crime No.3 of 2013 by the first respondent/police and after investigation laid charge sheet and the case was taken on file in C.C.No.212 of 2017. Since A3 & A4 did not appear before the Court, case against them was split up and NBW was issued against them.

3. The learned counsel for the petitioner would submit that the first respondent police did not execute the NBW issued by the trial Court against the respondents 2 & 3. Even this Court, in the petition filed by the respondents 2 & 3 seeking to quash the proceedings in Cr.No.3 of 2013, this Court has directed the first respondent police to execute the NBW issued by the trial Court and directed to report before this Court. But, till date there is no action was taken by the first respondent police to execute the NBW. Hence, the defacto complainant has filed the present petition seeking directions of this Court to the first respondent police to execute the NBW issued by the trial Court.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent police would submit that subsequent to the order of this Court, the case was split up against the respondents 2 & 3 and the respondent police have taken steps to secure the respondents 2 &3, but, subsequently, this Court by order dated 01.04.2021 stayed all further proceedings in C.C.No.42 of 2020.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent police and perused the materials.

6. It is seen while deciding the petition in Crl.O.P.No.10246 of 2013 filed by the respondents 2 & 3 seeking to quash the proceedings in Cr.No.3 of 2013, this Court, on 14.11.2019, directed the first respondent police to execute the NBW issued by the trial Court against the respondents 2 & 3 and directed to file compliance report before this Court.

7. Today, when this Court taken up this petition filed by the defacto complainant seeking directions to the first respondent police to execute the NBW issued against the respondents 2 & 3, on enquiry, it came to know that the first respondent has not taken any effective steps to comply with the directions of this Court and did not file any compliance report and therefore directed the Investigating Officers, those who held the post of the Inspector of Police of the first respondent police Station, at the relevant point of time, to appear before this court @ 2.15 p.m.

8. As directed, @ 2.15 p.m. one Dhanalakshmi, who held the post of the Inspector of Police, at the relevant point of time, has appeared before this Court and she is not in a position to explain as to why the order of this Court has not been complied with, which shows that they have not taken any effective steps to comply with the order passed by this Court and failed to file compliance report as directed by this Court. During the relevant point of time, one Dhanalakshmi, who is now working in CCB and another one Selvi, who is now working in Uniformed Service – Recruitment, had held the post of Inspector of Police of the respondent police station and it is clear that they both have not taken any effective steps to comply with the order of this Court and as a public servant, they have not performed their duty satisfactorily.

9. It is the case of domestic violence and the petitioner/victim has filed complaint in the year 2013 itse