S. SUNDARA VADIVEL Vs. JUDICIAL MAGISTRATE COURT - I

JUDGEMENT

(1.) The petitions seek to quash three different complaints filed by the respondent herein against the petitioner for not discharging his duty as a Police Officer and executing the Warrants lawfully issued to him.

(2.) According to the complainant, several cases were pending on his file for a long period of time since the accused were absconding and non bailable Warrants issued against them were not executed by the police. Hence, he directed the petitioner herein who is the Deputy Superintendent of Police, to execute the pending Warrants failing which to file a report stating the reasons for not executing the Warrants. It is alleged that the petitioner had violated his duty by not executing the warrants and hence was liable for prosecution under Sec. 44 of the Tamil Nadu District Police Act.

(3.) (i) Three separate complaints were filed which are impugned in the above quash petitions. In STC No.1 of 2018 which is impugned in Crl.O.P.No.23585 of 2019, it is alleged that the Warrants against two accused in C.C. No.480 of 2005 were pending execution for a long time. On 14/8/2018 the respondent issued a letter to either execute the Warrant against the accused or file a status report on 3/9/2018. It is alleged that the petitioner neither secured the accused nor filed any status report; that the petitioner hence, disobeyed the order of the Court and failed to act as per the order. A show cause notice was issued to the petitioner calling upon him to explain as to why, action should not be taken against him under Sec. 21 r/w. 44 of Tamil Nadu District Police Act. On 18/9/2018, the petitioner gave an explanation stating that he had appeared before the respondent on 3/9/2018 and asked the Sub Inspector of Police, one Vishnupriya to file the report. The complainant further states that since the petitioner in his explanation admitted that no report was filed on 3/9/2018 and since he had left the Court without the order of the Court his conduct amounts to dereliction of duty and disrespect to the Court.