IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.9868 of 2022

S.Kavitha

W/o.S.Vijayakumar

...Petitioner

Vs

1. S.Vijayakumar,

S/o.Selvaraj Samikannu

2. S.Senbagavalli,

W/o.S.Vijaya Kumar

3. S.Selvaraj Gounder,

S/o.Samikannu Gounder

4. Kalaimani,

W/o.S.Selvaraj Gounder

5. R.Shanmugam Gounder,

S/o.Rangasamy Gounder

6. Amsavalli,

W/o.R.Shanmugam Gounder

7. The Inspector of Police,

Kandachipuram Police Station,

Villupuram District.

(7th Respondent suo motu impleaded

by this Court vide order dated 28.04.2022

in Crl.O.P.No.9868 of 2022) ...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of

the Criminal Procedure Code, pleased to direct the Court of

Judicial Magistrate, Additional Mahila Court, Vellore to

expedite the trial proceedings and dispose the case in

C.C.No.581 of 2021 within the stipulated time.

For Petitioner

:

Mr.N.S.Sivakumar

ORDER

This Criminal Original Petition has been filed seeking to

direct the Court of Judicial Magistrate, Additional Mahila

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Court, Vellore to expedite the trial proceedings and dispose the

case in C.C.No.581 of 2021 within the stipulated time.

2.The learned counsel for the petitioner would submit that

the petitioner has filed a complaint against the respondents

No.1 to 6 in C.C.No.581 of 2021 on the file of the learned

Judicial Magistrate, Additional Mahila Court, Vellore for the

offence punishable under Section 494 read with Section 109 of

IPC.

3.The learned counsel for the petitioner would further

submit that the court had issued summons to the petitioner on

23.09.2021. Since the accused evaded to receive the summons,

the Trial Court by an order dated 22.10.2021 had issued non-

bailable warrant of arrest against the respondents/accused.

Subsequently, the other accused excepting R3 and R4 had appeared

before the Court and they have recalled the warrant. He would

further submit that the non-bailable warrant is still pending as

against R3 and R4 and they are deliberately avoiding to appear

before the Court.Despite the Court having directed the Inspector

of Police, Kandachipuram Police Station, Villupuram District to

execute the non-bailable warrant against R3 and R4, the

Inspector of Police, Kandachipuram Police Station, Villupuram

District has not taken any steps to execute the warrant.

4.The learned counsel for the petitioner would fairly

concede that it would be suffice, a direction is issued to the

Inspector of Police, Kandachipuram Police Station, Villupuram

District, to execute the non-bailable warrant dated 22.10.2021

issued by the learned Judicial Magistrate, Additional Mahila

Court, Vellore in C.C.No.581 of 2021. The Inspector of Police,

Kandachipuram Police Station, Villupuram District is suo moto

impleaded as a seventh respondent in this case.

5.The Inspector of Police, Kandachipuram Police Station,

Villupuram District, seventh respondent herein is directed to

execute the warrant issued by the learned Judicial Magistrate,

Additional Mahila Court, Vellore in C.C.No.581 of 2021 within a

period of four weeks from the date of receipt of a copy of this

order.

6.The criminal original petition is disposed of with the

above direction and observation.

Sd/-

Assistant Registrar(CS-VIII)

//True Copy//

Sub Assistant Registrar

rgm/arb

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To

1. The Judicial Magistrate,

Additional Mahila Court, Vellore District.

2. The Inspector of Police,

Kandachipuram Police Station,

Villupuram District.

3. The Public Prosecutor,

High Court of Madras.

+1cc to Mr.N.S.Sivakumar, Advocate, S.R.No.29891

Crl.O.P.No.9868 of 2022

EV(CO)

RGA(31/05/2022)

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