Kumar @ Kosa Kumar @ Chandiran v. The Sub Divisional Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1198 of 2016 and Crl.M.P.No.10707 of 2016 Kumar @ Kosa Kumar @ Chandiran .. Petitioner Vs.

1. The Sub Divisional Magistrate (South) Villianur, Pondicherry.

2. The Station House Officer, Kirumampakkam Police Station, Kirumampakkam, Pondicherry.

Crime No.38 of 2016.

.. Respondents Criminal Revision Case filed under Section 397 and 401 Cr.P.C. against the order of first respondent passed in M.C.No.406 of 2016 on 06.09.2016.

For Petitioner : Mr.B.Balavijayan, No representation For Respondent : Mr.M.R.Thangavelu Additional Public Prosecutor (P)

O R D E R

This revision arises against the order of first respondent passed in M.C.No.406 of 2016 on 06.09.2016.

2. No representation for petitioner. Heard learned Additional Public Prosecutor (P).

3. The prime contention of petitioner is that in passing the order under challenge and in exercise of power u/s.144 Cr.P.C., no notice was served on him. https://hcservices.ecourts.gov.in/hcservices/

Though sub-section 2 of Section 144 Cr.P.C. permits an authority/first respondent to pass an order ex parte in cases of emergency or in cases where the circumstances do not admit service of notice on the person against whom the order is directed, the first respondent could have acted under such provision only after informing in his order the circumstances/emergency which necessitated his passing an order ex parte. The order under challenge fails on such score.

The Criminal Revision Case shall stand allowed. The order of first respondent passed in M.C.No.406 of 2016 on 06.09.2016, shall stand set aside. The present order shall not stand in the way of first respondent exercising his powers u/s.144 Cr.P.C. afresh. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To

1. The Sub Divisional Magistrate (South) Villianur, Pondicherry.

2. The Station House Officer, Kirumampakkam Police Station, Kirumampakkam, Pondicherry.

3. The Additional Public Prosecutor,for Puducherry High Court, Madras.

+1cc to the Government Pleader,Puducherry S.R.No.6362 AD(CO) RS(24/02/2017) Crl.R.C.No.1198 of 2016 https://hcservices.ecourts.gov.in/hcservices/