Abubacker v. The Administrative Executive Magistrate Cum Greater Metropolitan Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.8186, 8111, 8098 & 8177 of 2021 Crl.O.P.No.14883 of 2021:- Abubacker 03.08.2021 in No.59/K.A/E1 Ka.Ni/2021, from the 1st Respondent and

Crl.O.P.No.14909 of 2022:- Amjad 03.08.2021 in No.61/K.A./E1 Ka.Ni/2021, from the 1st Respondent and Crl.O.P.No.14872 of 2021:- Nainar Mohammed

03.08.2021 in No.58/K.A./E1 Ka.Ni./2021, from the 1st Respondent and Crl.O.P.No.14993 of 2021:- Thameem Ansari 03.08.2021 in No.63/K.A./E1 Ka.Ni./2021, from the 1st Respondent and (In all the petitions ) For Petitioner : Mr.L.Gavaskar For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side)

COMMON ORDER These Criminal Original Petitions have been filed to quash the impugned show cause notice dated 03.08.2021 from the 1st respondent.

2. The case of the prosecution is that there is a dispute between one Mr.Jayaseelan and the petitioners who are all the office bearers of Agha Mohideen Mosque in pursuant to the property bearing Door No.20, Mosque Street, Mylapore, Chennai. The said Jayaseelan is claiming that the aforesaid property belongs to him and similarly these petitioners are claiming that the aforesaid property belongs to Agha Mohideen Mosque. Both parties creating problem and there is possibility to create law and order problem between them. Therefore, the 2nd respondent had requested the 1st respondent to take action against the petitioners as per Section 107 of Cr.P.C. In pursuant to the request, the 2nd respondent issued show cause notice dated 03.08.2021 under section 107 of Cr.P.C.

3. These petitions have been filed challenging the show cause notice issued under section 107 of Cr.P.C. dated 3.8.2021. On perusal of the impugned show cause notice, it reveals that the petitioners were directed to

appear before the 1st respondent for submitting their explanation. While admitting these petitions, no interim order was granted by this court. However, the proceedings is still pending on the file of the 1st respondent. Therefore, this court finds no merits in these petitions to quash the show cause notice issued by the 1st respondent. Therefore, the 1st respondent is directed to issue fresh summons to the petitioners and the petitioners are directed to appear for hearing. Thereafter, the 1st respondent is directed to pass orders on merits and in accordance with law.

4. Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are closed. 07.11.2023 Index : Yes / No Speaking / Non Speaking order gvn

G.K.ILANTHIRAIYAN, J.

gvn To

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.Nos.14883, 14909, 14872 & 14993 of 2021 07.11.2023