Madhi @ Madhiyalagan v. The Sub Division Executive Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4817 of 2024 Madhi @ Madhiyalagan

...Petitioner

.Vs.

1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer (Incharge) Nagapattinam.

..Respondent No.1 2.State rep.by The Inspector of Police Velankanni Police Station Nagapattinam District.

.. Respondent No.2/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the summons in MC.No.80/2024/A3 dated 17.2.2024 issued by the 1st respondent/Sub Divisional Executive Magistrate and Revenue Divisional Officer, Nagapattinam under Section 110 of Criminal Procedure Code and quash the same. For Petitioners : Mr.A.Balamurugan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed challenging the impugned summons issued by the 1st respondent dated 17.2.2024 under Section 110 Cr.PC.

2.This Court pointed out to the learned Government Advocate (Crl.Side) that the summons has been issued without following the mandate under Section 111 Cr.PC. When this was pointed out to the learned Government Advocate (Crl.side) submitted that the summons dated 17.2.2024 will be circulated and a fresh summon will be issued after complying with the mandate under Section 111 Cr.PC.

3.Recording the above submission, this criminal original petition is disposed of.

29.02.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp

To 1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer (Incharge) Nagapattinam.

2.The Inspector of Police Velankanni Police Station Nagapattinam District.

4.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J., kp CRL.O.P No.4817 of 2024 29.02.2024