Thirugnanam v. The Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.RC.No.781 of 2019 and Crl.MP.No.11192 of 2019 1.Thirugnanam 2.Jayaraj 3.Pandian 4.Thiyagarajan 5.Sivaraman 6.Duraidhasaradhan 7.Thennarasu .. Petitioners Vs 1.

The Magistrate-cum-Deputy Commissioner of Police Madhavaram District.

2.

State By The Inspector of Police (Law and Order) M2-Madhavaram Milk Colony Police Station Madhavaram District Serial No.22/2010 .. Respondents Criminal revision preferred under Section 397 read with Section 401 of Cr.P.C. to set aside the order passed against the petitioners by the 1st respondent in Na.Ka.No.311-1 to 14 E.P.G.C/DCP/Madhavaram District/2019, on the file of the Executive Magistrate-cum-Deputy Commissioner of Police, Madhavaram District.

For Petitioners : Mr.S.Silambuselvam For Respondents : Mr.G.Ramar Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been preferred challenging the show cause notice dated 20.07.2019 issued under Section 107 Cr.P.C by the Executive Magistrate-cum-Deputy Commissioner of Police, Madhavaram.

2. A Division Bench of this Court in Krishnamurthy & 3 others Vs. the Sub Divisional Magistrate-cum-RDO, Krishnagiri

and another, 2017 1 MLJ(Crl.) 257, has laid down the parameters for challenging the show cause notice issued under Section 107 Cr.P.C.

3. The facts of the case at hand, do not pass muster the law laid down by this Court in the said judgement.

4. Hence, this Criminal Revision case is dismissed with a direction to the petitioner to appear before the Executive Magistrate-cum-Deputy Commissioner of Police along with a counsel of his choice, within a period of one week from the date of receipt of a copy of this order and show cause as to why he should not be required to execute a bond under Section 107 Cr.P.C. Connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar mk To 1.The Executive Magistrate-cum-Deputy Commissioner of Police Madhavaram District.

2.

The Inspector of Police (Law and Order) M2-Madhavaram Milk Colony Police Station Madhavaram District.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silamu Selven, Advocate, S.R.No.69064 CRL.R.C.No.781 of 2019 GMR(CO) GN(14/08/2019)