Madras High CourtCRL OP/22343/2024disposed of

S.Kalidasan v. The Revenue Divisional Officer Cum

2024-09-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Kalidasan .. Petitioner Vs.

1.The Revenue Divisional Officer cum Divisional Executive Magistrate, Vedaranyam.

2.State Rep by Inspector of Police, Voimedu Police Station, Vedaranyam.

.. Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023 to call for the records of the proceedings in MC.No.40 of 2024/A3 dated 02.05.2024 & 14.5.2024 on the file of the first respondent and quash the same.

For Petitioner : Mr.S.Kalidasan (Party-in-person) For Respondents : Mr.K.M.D. Muhilan, Government Advocate (Crl.Side)

O R D E R

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The petitioner herein appears in person and states that due to personal vengeance at the instance of the local police, summons under Section 110 of Cr.P.C been issued to him for executing bond and keep good conduct in view of the ensuing parliamentary election. Contending that the said summons dated 02.05.2024 and 14.05.2024 bereft of materials, same has to be quashed.

2. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that three criminal cases are pending against this petitioner. Therefore to have watch on his conduct and obtained bond for good behaviour at the time of parliamentary election, summons were issued to the petitioner. However, the petitioner cannot turn up and execute the bond.

3. This Court scrutinising the impugned notice find that the petitioner been registered as a history sheeter in Voimedu Police Station vide H.S.No.277 of 2019 and he was summoned under Section 110 to give bond for good conduct in view of the parliamentary election. Since the parliamentary election has over, this Court is of the view that the 2/4

impugned notice has become infructous and no order need to be passed.

4. If at all, the respondent wants to obtain any bond for any good conduct from the petitioner herein, the notice should be issued to him to show cause, why bond should not be obtained and thereafter should proceed in accordance with law.

5. With the above observation, the Criminal Original Petition is disposed of.

11.09.2024 Vv To 1.The Revenue Divisional Officer- Cum-Divisional Executive Magistrate, Vedaranyam.

2.The Inspector of Police, Voimedu Police Station, Vedaranyam.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

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