Madras High CourtCRL OP/13051/2015dismissed

S.Lakshmi Kumar v. The Revenue Divisional Officer

2015-06-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.13051 of 2015 and MP.Nos.1 and 2 of 2015 1.S.Lakshmikumar 2.S.Ramachandran 3.S.Kuppusamy .. Petitioners Vs 1.The Revenue Divisional Officer, Kallakurichi Sub-Division, Villupuram District.

2.The Sub-Inspector of Police, Manalurpettai Police Station, Villupuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Na.Ka A3/1000/2015 in Crime No.58 of 2015 dated 13.04.2015 pending on the file of the 1st respondent and quash the same.

For Petitioners :Mr.H.Rajesh For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to call for the records in Na.Ka A3/1000/2015 in Crime No.58 of 2015 dated 13.04.2015 pending on the file of the 1st respondent and quash the same, the petitioner have come up with this petition.

2.It is seen that the petitioners are challenging the summons issued under Section 107 of Cr.P.C. for appearing before the Revenue Divisional Officer, Kallakurichi Sub-Division, Villupuram District in his proceedings dated 13.04.2015. 3.The learned Counsel for the petitioners relied upon a catena of judgments to drive upon the point that the proceedings should be quashed for not passing any speaking order. I am not in quarrel with the proposition that a final order under Section 107 of Cr.P.C. should be a speaking order, but in this case mere summons have been issued asking the petitioners to appear for the enquiry https://hcservices.ecourts.gov.in/hcservices/

and that cannot be quashed in the considered opinion, as the enquiry is at infant stage.

4.Hence, this Criminal Original Petition is dismissed with the above observations.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar dn To 1.The Revenue Divisional Officer, Kallakurichi Sub-Division, Villupuram District.

2.The Sub-Inspector of Police, Manalurpettai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.H.Rajesh , Advocate Sr.No.25937 Crl.OP No.13051 of 2015 & MP.Nos.1 &2 of 2015 EV(CO) PMK.15.6.2015 https://hcservices.ecourts.gov.in/hcservices/