Madras High CourtCRL OP/24871/2013dismissed

T.Kalimuthu v. The Sub Divisional Magistrate

2018-08-03Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2018 C O R A M THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.O.P.No.24871 of 2013

1. T. Kalimuthu

2. S. Gokul

3. M. Manikandan

4. M. Baskaran ... Petitioners Vs.

The Sub-Divisional Magistrate-cumRevenue Divisional Officer, Tirupur District, Tirupur. ... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, pleased to call for the records pertaining to the communication issued by the respondent herein in Na.Ka.No.4216/2013/A1, dated 02.09.2013 and quash the same. For Petitioners : M/S.G. Karthikeyan For Respondent : Mr.T. Shanmugarajeswaran, Government Advocate.

O R D E R

The petitioners have filed the present petition to call for the records in the proceedings in Na.Ka.No.4216/2013/A1 dated 02.09.2013 passed by the Sub Divisional Magistrate-cum-Revenue Divisional Officer, Tiruppur.

2. The petitioners have contended that the respondent/SubDivisional Magistrate-cum-Revenue Divisional Officer, Tirupur District did not follow the procedures laid down under Section 111 of Cr.P.C and had issued the notice dated 02.09.2013. According to them, the order passed by the respondent is against law and without application of mind.

3. Per contra, the learned Government Advocate (Crl.Side) would contend that the petitioners, after receiving the notice https://hcservices.ecourts.gov.in/hcservices/

dated 02.09.2013, appeared before the respondent herein and also executed a bond under Section 107 Cr.P.C. He also produced the copy of bond executed by the petitioners. He would therefore contended that nothing survives for further adjudication in this case.

4. Recording the said submission, the present petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bri To The Sub-Divisional Magistrate-cumRevenue Divisional Officer, Tirupur District, Tirupur.

+1cc to M/S.G.Karthikeyan, Advocate, S.R.No.53307 Crl.O.P.No.24871 of 2013 CS/21/08/18 https://hcservices.ecourts.gov.in/hcservices/