Madras High CourtCRL OP/7753/2024disposed of

Rajasekaran v. The Taluk Executive Magistrate

2024-04-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.5674 of 2024 Rajasekaran ... Petitioner Vs.

1. The Taluk Executive Magistrate, Cum Revenue Thasildar, Nannilam, Thiruvarur District.

2. The Inspector of Police, Nannilam, Thiruvarur District. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the proceedings dated 08.01.2024 made in Pa.Ve.0/2023/A5 passed by 1st respondent herein and quash the same.

For Petitioner : Mr.S.Senthilnathan For Respondent : K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

This petition is filed to quash the summon issued under Section 110 of Cr.P.C alleging that the summon is infact issued to the police to produce the petitioner herein before the Executive Magistrate for an enquiry.

2. The learned counsel appearing for the petitioner submitted that it is not a summon for appearance, but it is a direction to the police to secure the petitioner herein and presenting him before the enquiry officer which is not in consonance with the spirit and terms of the Section 110 of Cr.P.C.

3. The reading of the impugned summon indicates that the summon is issued to the Inspector of Police to secure the petitioner herein and produce him before the Executive Magistrate for the enquiry under Section 110 of Cr.P.C. Hence, the impugned summon issued not in accordance with the provisions under Section 110 of Cr.P.C, the liability to be quashed. Accordingly, the proceedings dated 08.01.2024 made in Pa.Ve.0/2023/A5 passed by 1st respondent herein is hereby quashed.

4. However, the first respondent/ The Taluk Executive Magistrate, 2/4

Cum Revenue Thasildar, Nannilam, Thiruvarur District is at liberty to cause fresh summon to the second respondent/ The Inspector of Police, Nannilam, Thiruvarur District in accordance with law, if there is any necessity arises.

5. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Vv 04.04.2024 To

1. The Taluk Executive Magistrate, Cum Revenue Thasildar, Nannilam, Thiruvarur District.

2. The Inspector of Police, Nannilam, Thiruvarur District.

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

Dr.G.JAYACHANDRAN,J.

3/4

Vv and Crl.MP.No.5674 of 2024 04.04.2024 4/4