Madras High CourtCRL RC/1225/2020remitted

Kalaivanan v. The Sub Divisional Executive Magistrate And

2021-01-08Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.1225 of 2020 and Crl.M.P.No.8574 of 2020 Kalaivanan ... Petitioner ..vs..

1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer, Tambaram.

2.Inspector of Police, H-2, Guduvancherry Police Station, Chengalpattu District.

3.The Superintendent, Puzhal Central Prison, Chennai.

... Respondents Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the order of detention dated 24.11.2020 made in M.C.No.2526/2020/B by the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Tambaram and allow this Revision.

For Petitioner : Mr.C.D.Sugumar For Respondents: Mr.K.Madhan Government Advocate (Crl.Side) ---

O R D E R

Mr.K.Madhan, learned Government Advocate (Crl.Side) takes notice for the respondents. By consent of both parties, the matter is taken up today, for final disposal. 2.This Criminal Revision Case has been filed against the order dated 24.11.2020 made in M.C.No.2526/2020/B on the file of the first respondent.

3.The main grievance of the petitioner is that order dated 24.11.2020 was passed without providing sufficient opportunity and legal assistance to the petitioner to cross https://hcservices.ecourts.gov.in/hcservices/ Page numbers

examine the witnesses. Hence, the present Criminal Revision Case.

4.Taking note of the above facts of the case, the order dated 24.11.2020 passed by the first respondent in M.C.No.2526/2020/B is set aside and the matter is remitted back to the first respondent to pass orders afresh in accordance with law, after providing sufficient opportunity and legal assistance to the petitioner.

With above direction, this Criminal Revision Case is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ms To 1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer, Tambaram.

2.The Inspector of Police, H-2, Guduvancherry Police Station, Chengalpattu District.

3.The Superintendent, Puzhal Central Prison, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.C.D.Sugumar, Advocate SR.1395 Crl. R.C. No.1225 of 2020 and Crl.M.P.No.8574 of 2020 AK(CO) CB(11/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers