M. Vijayalakshmi v. Superintendent of Police, Virudhunagar District
2016-07-18
P.DEVADASS
body2016
DigiLaw.ai
JUDGMENT : 1. M. Vijayalakshmi is very much upset in not police executing Non-Bailable Warrant issued as against her husband viz., P. Mohan. Thus, she wants issuance of direction under Section 482 of Cr.P.C. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side). R. Anbumathi, Inspector of Police, All Women Police Station, Arupukottai is present today. 3. In connection with the dowry demand case in C.C.No.237 of 2014, the learned Judicial Magistrate, Arupukottai issued Non-Bailable Warrant as early as on 21.07.2015 as against the third respondent viz., Mohan, who is the husband of the petitioner Vijayalakshmi. The grievance of Vijayalakshmi is her husband is managed to free himself and Non-Bailable Warrant has not been executed. Consequently, there is no progress in the trial of the case. 4. Non-execution and pendency of Non-Bailable Warrant is a nuisance in the criminal Court. It is never ending problem. When the police and the Court take effective action in eradicating the pending Non-Bailable Warrant's, new Non-Bailable Warrant will also arise. It has become a growing process. Execution of Non-Bailable Warrant is the primary duty of the police. Non-Bailable Warrants are issued some time to apprehend the accused, during the investigation stage of the case, however, after obtaining the orders from the Court and some time when the case is pending to enforce the attendance of the accused. The Mohan's case comes under the later category. Unless the Non-Bailable Warrant is executed, there will not be progress in the criminal case. Non-execution of Non-Bailable Warrant is one of the reasons for long pendency of criminal cases. In such circumstances, there is a duty upon the Court also to monitor, remind the police as regards the execution of Non Bailable Warrants. As per the circular of the High Court, there shall be a regular review meeting of top level police officials and the Sessions Judge in the District to review the pendency of Non-Bailable Warrants. In this case, Non Bailable Warrant has been issued as early as on 21.07.2015. The learned counsel for the petitioner submits that the accused is very much available, but he is eluding the police dragnet.
In this case, Non Bailable Warrant has been issued as early as on 21.07.2015. The learned counsel for the petitioner submits that the accused is very much available, but he is eluding the police dragnet. In the circumstances, it is ordered as under: (1) The second respondent viz., Inspector of Police, All Women Police Station, Arupukottai is directed to execute the Non-Bailable Warrant issued as against the third respondent viz., Mohan, S/o. Bose within 15 days from the date of receipt of a copy of this order. (2) The Special Divisional Officer, Arupukottai Division/Deputy Superintendent of Police, Arupukottai will issue necessary direction to the said Inspector of Police to execute the Non-Bailable Warrant within the time granted by this Court. However, in case, if it is necessary and it is absolutely needed, the police can approach the learned Judicial Magistrate, Arupukottai for extension of time to execute the Non-Bailable warrant. (3) The learned Judicial Magistrate, Arupukottai shall regularly remind the second respondent to execute the Non Bailable Warrant without further delay.