Kamalesh v. The Revenue Divisional Officer - Cum - Admin. Magistrate,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Kamalesh ... Petitioner Vs.

1.The Revenue Divisional Officer - Cum- Administrative Magistrate Madhuranthagam, Chengalpet District.

2.State Rep. by The Inspector of Police, G-4, Seiyur Police Station, Chengalpet District.

... Respondents Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal Procedure Code 1973 to set aside the order made in M.C.No.55/2023 in Na.Ka.No.2503/2023/Aa vide an order dated 23.06.2023 on the file of the first respondent.

For Petitioner : Mr.N.Arun Kumar For Respondent : Mr.R.Vinothraja, GA (Crl.side)

ORDER

Challenging the orders dated 23.06.2023 in M.C. No.55/2023 in Na.Ka.No.2503/2023/Aa. passed by the Revenue Divisional Officer - cum- Administrative Magistrate, Madhuranthagam, Chengalpet District, the present revision is filed.

2. The learned counsel for the revision petitioner would submit that the first respondent had initiated proceedings against the petitioner u/s.110 Cr.P.C. and directed him to execute a bond under Section 117 Cr.P.C. for good behaviour on 05.06.2023 for a sum of Rs.25,000/- for a period of one year. Subsequently, on 16.06.2023, a case was registered against the present revision petitioner in Crime No.334/2023 of G-4, Cheyyur Police Station, Chengalpattu District for the offences punishable u/s.454, 380 IPC. Since the revision petitioner violated the condition of the bond which he executed u/s.117 Cr.P.C, the Revenue Divisional Officer - cum- Administrative Magistrate, Madhuranthagam, Chengalpet District initiated proceedings u/s.122(1)(b) Cr.P.C. and remanded the

petitioner to undergo imprisonment until the expiry of the period of bond.

3. A Division Bench of this Court in Crl.R.C.No.137/2018 batch cases dated 13.03.2023 [P.Sathish @ Sathis Kumar Vs. State Rep. by the Inspector of Police, Law and Order, H-4, Korukkupet Police Station, Chennai, relied on the judgement of the Hon'ble Supreme Court reported in (1982) 1 SCC 71 [Gulam Abbas Vs State of Uttar Pradesh]. In paragraph 80 (e) of the said order dated 21.06.2023, it has been held as follows:- "80 (e) In the light of the law laid down in paragraph 24 of the three judge bench decision of the Supreme Court in Gulam Abbas Vs State of Uttar Pradesh (1982) 1 SCC 71, an Executive Magistrate cannot authorize imprisonment under Section 123(1)(b) for violation of a bond under Section 107 Cr.P.C. A person who has violated the bond executed before the Executive Magistrate under the said provision will have to be challenged or prosecuted before the Judicial Magistrate for inquiry and punishment under Section

122(1)(b)Cr.P.C?"

Thus it is very clear from the decision of the Division Bench of this Court that the first respondent is not the competent authority to impose any punishment u/s.122(1)(b) Cr.P.C. Therefore, the impugned order passed by the first respondent is liable to be set aside.

4. With the above observations, the present Criminal Revision is allowed. Consequently, connected Criminal Miscellaneous Petition is closed. The orders dated 23.06.2023 in M.C. No.55/2023 in Na.Ka.No.2503/2023/Aa on the file of the Revenue Divisional Officer - cum- Administrative Magistrate, Madhuranthagam, Chengalpet District, is set aside.

28.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

To 1.The Revenue Divisional Officer - Cum- Administrative Magistrate Madhuranthagam, Chengalpet District.

2.State Rep. by The Inspector of Police, G-4, Seiyur Police Station, Chengalpet District.

R. HEMALATHA, J.

mtl 28.08.2023