Telangana High Court

WP/18629/2008 of Ch.Madhu Babu Vs The Commissioner of Police on 24 December 2008

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SRI JUSTICE C.V.RAMULU WRIT PETITION No.18629 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of respondent Nos. 1 and 2 in not executing the Non-Bailable Warrants issued against respondent No.3/A5 in connection with C.C.No.327 of 2006 on the file of

THE HON’BLE SRI JUSTICE C.V.RAMULUWRIT PETITION No.18629 of 2008

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ORDER:

This writ petition is filed seeking a mandamus declaring theaction of respondent Nos. 1 and 2 in not executing theNon-Bailable Warrants issued against respondent No.3/A5 inconnection with C.C.No.327 of 2006 on the file of the learned VIIMetropolitan Magistrate, Cyberabad, Hayathnagar, R.R.District asillegal and arbitrary.

It is the case of the petitioner that he filed a privatecomplaint before the learned VII Metropolitan Magistrate and thesame was referred to the Police and thereafter, summons wereissued. However, respondent No.3/A5 was not served with theNon-Bailable Warrants. Hence, this writ petition.

A detailed counter-affidavit is filed by respondent No.2stating that the name of respondent No.3/A5 was not properlydescribed. Therefore, the warrants could not be served on him.

Under those circumstances, the petitioner is directed tomake an appropriate application before the learned VIIMetropolitan Magistrate, Cyberabad, Hayathnagar, R.R.District for correction of the name of respondent No.3/A5 as per law.

The writ petition is accordingly disposed of.

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C.V. RAMULU,JDt:24.12.2008kdl

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