Muniasamy v. The Sub Divisional Executive Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.Nos.8413 & 8421 of 2024 and Crl.M.P.Nos.6161 & 6165 of 2024 Munisamy ... Petitioner in Crl.O.P.No.8413/2024 Kumaresan

...Petitioner in

Crl.O.P.No.8421/2024 Vs.

1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer Vellore District.

2.The State Rep.by The Inspector of Police Melpadi Police Station 1/6

Katpadi, Vellore District.

... Respondents in both Crl.O.P.Nos.

PRAYER in Crl.O.P.No.8413 of 2024: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records made in Na.Ka.No.A4/1103/2024 dated NIL.03.2024 on the file of the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Vellore District and to set aside the secure the end of justice. PRAYER in Crl.O.P.No.8421 of 2024: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records made in Na.Ka.No.A4/1102/2024 dated NIL.03.2024 on the file of the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Vellore District and to set aside the secure the end of justice. For Petitioners in both Crl.O.P.Nos.

: Mr.R.Sankarasubbu For Respondents in both Crl.O.P.Nos.

: Mr.S.Udaya Kumar 2/6

Government Advocate (Crl.Side) COMMON ORDER These petitions are filed to quash 110 Cr.P.C., notices issued to the petitioners, which are bereft of details.

2. The perusal of the impugned order notices indicate that the petitioners are directed to appear before the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer on 25.03.2024. Since it has been expired and the notices do not contain all the details required for the petitioners to effectively participate in the enquiry, the said notices issued under Section 110 Cr.P.C., are quashed and the second respondent police is permitted to issue fresh notice to the respondents with all required details and proceed in accordance with law.

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3. With the above directions and observations, these Criminal Original Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed.

05.04.2024 Index :Yes/No Internet: Yes/No dna 4/6

Copy-to:

1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer Vellore District.

2.The Inspector of Police Melpadi Police Station Katpadi, Vellore District.

3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN.J, dna Crl.OP.Nos.8413 & 8421 of 2024 and Crl.M.P.Nos.6161 & 6165 of 2024 6/6

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