IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4052 of 2003()
1. ANTONY T.O., AGED 50 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. PRADEEP KUMAR, AGED 32 YEARS,
3. SUPERINTENDENT OF POLICE,
4. STATION HOUSE OFFICER,
For Petitioner :SRI.A.X.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice A.K.BASHEER
Dated :25/03/2008
O R D E R
A.K.BASHEER, J.
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Crl.M.C.No.4052 OF 2003
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Dated this the 25th day of March 2008
ORDER
In this petition filed under Section 482 of the Code of
Criminal Procedure, petitioner who is the complainant in a
prosecution under Section 138 of the Negotiable Instruments
Act takes exception to the inaction of respondents 3 and 4 in
executing the non-bailable warrant issued by the trial court
against respondent no.2/accused.
2. The grievance of the petitioner appeared to be that
respondents 3 and 4 had not been taking effective steps to
apprehend and produce the accused before the court in spite
of pendency of non-bailable warrant issued by the court.
Learned Government Pleader, after getting instruction,
submits that respondent No.2/accused had been arrested and
produced before the court on January 30, 2004. In that view
of the matter, no further orders are necessary in this Criminal
M.C.
Crl.M.C.No.4052 OF 2003
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3. However, learned counsel for the petitioner submits
that the accused had again jumped bail and he is still at large.
The further grievance is that Police officers are yet again
guilty of laches in as much as the accused has not been
apprehended so far.
4. It will be open to the petitioner to pursue the matter
before the trial court. I do not find any reason why the
learned Magistrate shall not issue appropriate orders to
ensure that non-bailable warrant, if any, issued against the
accused is executed promptly.
Criminal M.C. is closed.
(A.K.BASHEER, JUDGE)
jes
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A.K.BASHEER, J.
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Crl.M.C.No.4052 OF 2003
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ORDER
Dated 25th March 2008