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Madras High CourtCRL RC/196/2024allowed

Srinivasan v. The First Class Executive Magistrate Cum Sub Collector,

2024-07-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and Crl.M.P.Nos.1645 & 1778 of 2024 1.Srinivasan ... Petitioner in Crl.R.C.No.196 of 2024 2.Sudhakar ... Petitioner in Crl.R.C.No.202 of 2024 Vs.

1.The First Class Executive Magistrate cum Sub Collector, Cheyyar, Thiruvannamalai District.

2.State rep by Inspector of Police, Dusi Police Station, Thiruvannamalai District.

(Crime No.297 of 2022) ... Respondents in both revisions Prayer in Crl.R.C.No.196 of 2024 : Criminal Revision Case filed under Section 397(1) r/w 401 Cr.P.C, praying to call for the records in M.C.No.53 of 2023 on the file of the learned First Class Executive Magistrate cum Sub Collector, Cheyyar, Thiruvannamalai District, setaside the same. Page No.1 of 6

Prayer in Crl.R.C.No.202 of 2024 : Criminal Revision Case filed under Section 397(1) r/w 401 Cr.P.C, praying to call for the records in M.C.No.52 of 2023 on the file of the learned First Class Executive Magistrate cum Sub Collector, Cheyyar, Thiruvannamalai District, setaside the same. For Petitioner (in both revisions) : Mr.S.Suresh For Respondents (in both revisions) : Mr.A.Gopinath Government Advocate (Crl.Side) ***** COMMON ORDER Since the issue involved in these revisions are interconnected, with the consent of the learned counsel appearing for the parties, these revisions were heard together and disposed of by this common order.

2. The case of the petitioners is that they were served with summon dated 08.11.2023 by the 2nd respondent stating that the petitioners are involved in Crime No.297 of 2022 for the offence u/s 302 and 506(ii) IPC and in the summon, it is further avered that the petitioners may indulge in activities that may affect the public peace and tranquility. Further, as per summon, the petitioners were directed to appear before the 1st respondent on 09.11.2023 at about 11.00 a.m. in his office. As per the Page No.2 of 6

above summons, they have appeared before the 1st respondent on 09.11.2023 and on the same day, the 1st respondent passed orders directing the petitioners to execute a bond for a sum of Rs.50,000/- with two sureties and it is also mentioned in the orders that actions will be initiated if there is any breach in future u/s122(1)(b) of Cr.P.C. Aggrieved by the same, the present revisions have been filed.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are resident of Pandiyampakkam Village. He also submitted that though the petitioners were neither accused nor witnesses in Crime No.297 of 2022 registered for the offence u/s 302 and 506(ii) IPC by the 2nd respondent police, however, calling upon them to execute bond, is wholly unsustainable. Accordingly, he prays for allowing these revisions.

4. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the petitioners are not accused in Crime No.297 of 2022 registered for the offence u/s 302 and 506(ii) IPC by the 2nd respondent police.

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5. In view of the fair submission made by the learned Government Advocate (Crl.Side) appearing for the respondents, this court is of the view that, when the petitioners were not connected with the said FIR in Crime No.297 of 2022 mentioned in the said summons, calling upon them to execute bond is per se unsustaineble. Hence, the summons shows that there is no application of mind by the 1st respondent and the same is not a speaking or reasoned order. Therefore, the said summons dated 09.11.2023 are liable to be set aside.

6. Accordingly, the summons dated 09.11.2023 is set aside and the Criminal Revisions Cases are allowed. Consequently, the connected criminal miscellaneous petitions are closed.

05.07.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Special Court for the Exclusive Trail of Land Grabbing Cases, Erode.

2.The Inspector of Police, Anti Land Grabbing Cell, Erode.

3.The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

M.DHANDAPANI, J.

sp 05.07.2024 Page No.6 of 6