Arulmanikandan v. The Executive Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.5721 of 2024 and CRL.M.P No.4172 of 2024 Arulmanikandan

...Petitioner

Vs.

1.The Executive Magistrate, Tahsildar Office, Valangaiman, 2.The State: The Inspector of Police, Valangaiman Police,

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to quash the Calendar Case No.Tha.Pa.12 of 2024 pending on the file of the Executive Magistrate, Thasildhar Office, Valangaiman, Tiruvarur dated 28.2.2024. For Petitioner : Mr.S.Nirmal Aditya For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

ORDER

This petition has been filed challenging the summons issued in Case No.Tha.Pa.12 of 2024 by the first respondent u/s.110 Cr.P.C. 1/4

2. Heard Mr.S.Nirmal Aditya, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. It is seen that summons have been issued by the first respondent without complying with the mandatory requirement u/s.111 Cr.P.C. When this was brought to the notice of learned Additional Public Prosecutor, learned Additional Public Prosecutor submitted that summons issued by the first respondent will be withdrawn and fresh summons will be issued in compliance with the mandate u/s.111 Cr.P.C. Recording the aforesaid submission of learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

11.03.2024 Index: Yes/No Speaking order/Non-speaking Order ssr To 1.The Executive Magistrate, Tahsildar Office, Valangaiman, 2/4

2.The Inspector of Police, Valangaiman Police, 3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr CRL.O.P No.5721 of 2024 and CRL.M.P No.4172 of 2024 11.03.2024 4/4