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Madras High CourtCRL RC/1096/2014dismissed as infructuous

S.Parasuraman v. The Sub Divisional Magistrate

2021-08-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.08.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.R.C.No.1096 of 2014 and M.P.No.1 of 2014 S.Parasuraman ..Petitioner Vs.

1.The Sub-Divisional Magistrate cum Revenue Divisional Officer, Hosur.

2.The Station House Officer, SIPCOT Police Station, Hosur.

..Respondents PRAYER : Criminal Revision Case filed, filed under Section 397 and 401 of the Code of Criminal Procedure, prayed to call for the records of the 1st respondent in M.C.No.140 of 2014 (B1) in FIR No.136 of 2014 for the Offence Under Section 107 read with 116(3) of the Criminal Procedure Code on the file of the 2nd respondent herein and set aside the same.

For Petitioner : Mr.V.Porkodi For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)

J U D G M E N T

This Criminal Revision petition is preferred against the summons issued by the RDO / 1st respondent in M.C.No.140 of 2014 (B1) on the file of the Sub-Divisional Magistrate cum Revenue Divisional Officer, Hosur in Crime No.136 of 2014 for the Offences under Section 107 read with 116(3) of the Criminal Procedure Code.

2.

Heard M/s.V.Porkodi, learned Counsel for the Revision Petitioner and Mr.L.Baskaran, learned Government Advocate (Crl.Side) appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.

As per the facts, the Revenue Divisional Officer (RDO) passed an order dated 22.07.2014 by invoking Section 107 of Criminal Procedure Code, which would be valid for a year. Based upon that, summons were sent on 22.07.2014 to appear for enquiry on 30.07.2014.

4.

As discussed above, the proceedings of the 1st respondent is valid for only one year. Against the issuance of the summons, the Criminal Revison Petition is filed in the year 2014 itself. Hence, the relief claimed by the petitioner in this revision has become infructuous.

5.

Accordingly, this Criminal Revision Petition is dismissed as having become infructuous. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.The Sub-Divisional Magistrate cum Revenue Divisional Officer, Hosur.

2.The Station House Officer, SIPCOT Police Station, Hosur.

3. The Public Prosecutor High Court, Madras 104.

Crl.R.C.No.1096 of 2014 and M.P.No.1 of 2014 UM(CO) SP(27/01/2022) https://hcservices.ecourts.gov.in/hcservices/