Gnanasekar v. The Revenue Division Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Gnanasekar ... Petitioner in Crl OP No.6286 of 2024 Jai Kamaraj @ Kamaraj ... Petitioner in Crl OP No.6287 of 2024 N.Ananth ... Petitioner in Crl OP No.6289 of 2024 G.Prem Raj ... Petitioner in Crl OP No.6290 of 2024 Vs.

1. The Revenue Divisional Officer, Gobichettipalayam Erode District

2. The Inspector of Police, Pulliyampatti Police Station, Erode District

...Respondents

in all Crl OPs Common Prayer :Criminal Original Petition under Section 482 of the Criminal Procedure Code filed to call for the records in proceedings under Section 107 of Cr.PC in Na.Ka.No.849 /2024/A2 dated 01.02.2024 on the file of 1st respondent and quash the same.

In all Crl OPs For Petitioner :

Mr.N.Chinnaraj For Respondent :

Mr.A.Gopinath Government Advocate for R2 1/4

Common Order The subject matter of challenge in the present petitions pertain to the impugned notice issued by the 1st respondent in Na.Ka.No.849 /2024/A2 dated 01.02.2024, under Section 107 of Cr.PC. 2.

Heard Mr.N.Chinnaraj, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate for 2nd respondent. 3.

The main ground that was raised was that the impugned notice does not satisfy the requirement of Section 111 of Cr.PC and there is absolutely no indication in the notice regarding any order made in writing, setting forth the substance of the information received, the amount of bond to be executed and the term for which it is to be in force and other requirements under the provision. It was also brought to the notice of this Court that on the very next day i.e on 03.02.2024 itself the petitioner was directed to execute a bound.

4.

The impugned notice suffers from illegality since it does not 2/4

satisfy the requirements of Section 111 of Cr.PC and accordingly, the impugned notice issued in Na.Ka.No.849 /2024/A2 dated 01.02.2024 is hereby quashed. It is left open to the 1st respondent to strictly comply with the mandate under Section 111 of Cr.PC and issue fresh notice and proceed further in accordance with law.

5.

These Criminal original petitions are allowed in the above terms. Consequently, the connected miscellaneous petition is closed. 14.03.2024 rka Index : Yes/No Speaking order:Yes/No 3/4

N.ANAND VENKATESH,J rka To 1.The Revenue Divisional Officer, Gobichettipalayam Erode District

2. The Inspector of Police, Pulliyampatti Police Station, Erode District 3.The Public Prosecutor, Madras High Court.

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