Thirumurugan, Aged 35 Years v. First Class Administrative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2016
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.Nos.1340 to 1349 of 2016 Thirumuruguan ... Petitioner in Crl.R.C.No.1340/2016 Vinith ... Petitioner in Crl.R.C.No.1341/2016 Arunkumar ... Petitioner in Crl.R.C.No.1342/2016 Silambarasan ... Petitioner in Crl.R.C.No.1343/2016 Ilayaraja ... Petitioner in Crl.R.C.No.1344/2016 Parveen Kumar ... Petitioner in Crl.R.C.No.1345/2016 Ramki ... Petitioner in Crl.R.C.No.1346/2016 Asokraj ... Petitioner in Crl.R.C.No.1347/2016 Aravinth ... Petitioner in Crl.R.C.No.1348/2016 Pandiyan ... Petitioner in Crl.R.C.No.1349/2016 Vs.
1. First Class Administrative Magistrate (Executive Magistrate) cum Revenue Divisional Officer Ariyalur
2. State rep.by:
The Inspector of Police Keelpalur Police Station Ariyalur District ... Respondents in all Crl.R.Cs.
Prayer:
Criminal Revisions filed under Section 397 and 401 Cr.P.C to call for the records and set aside the order passed by the first respondent Na.Ka.3/2502/2016 dated (not mentioned) 11/16.
For Petitioner :
Mr.R.C.Paul Kanagaraj in all Crl.R.Cs.
For Respondents :
Mr.M.Mohamed Riyaz in all Crl.R.Cs.
Government Advocate (Crl.side) ***** COMMON O R D E R The petitioners, all of whom, have executed bonds under section 107 of Cr.P.C to the satisfaction of the first respondent pursuant to his order in O.Mu.A3/1975/2016 dated 5.10.2016, have been proceeded against under section 122 of Cr.P.C. for breach of conditions of the bond executed by them, in that, they are involved in a case registered in Crime No.114/2016 for offences under sections 147, 294(b), 323 and 506(i) IPC on 30.10.2016. By orders dated 1.11.2016, they have been directed to undergo simple imprisonment upto 3.10.2017. Challenging such orders, present revisions stand filed.
2. Heard the learned counsel for the petitioners and the learned Government Advocate on the above submissions.
3. It is seen that the petitioners are not the accused in case registered in Crime No.114 of 2016 on the file of the second respondent. Therefore, the
very premise on which, proceedings under section 122 Cr.P.C have been initiated against them, falls and as a result, the orders under challenge dated 1.11.2016 cannot hold good.
4. For the aforesaid reasons, the Criminal Revisions stand allowed. The order passed by the first respondent in Na.Ka.3/2502/2016 dated 1.11.2016 is set aside.
20.12.2016 Index:yes/no ajr To
1. First Class Administrative Magistrate (Executive Magistrate) cum Revenue Divisional Officer Ariyalur 2.The Inspector of Police Keelpalur Police Station Ariyalur District
C.T.SELVAM, J.
ajr Crl.R.C.No.1340 to 1349 of 2016 20.12.2016
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