Mayawathi v. Executive Magistrate Cum Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Mayawathi ...

Petitioner [in Crl.O.P.No.24492 of 2021] Murali ...

Petitioner [in Crl.O.P.No.24495 of 2021] Shanthi ...

Petitioner [in Crl.O.P.No.24496 of 2021] versus 1.The Executive Magistrate-cum- Deputy Commissioner of Police, Mylapore District, Chennai.

2.Inspector of Police, E-2 Royapettah of Police, Royapettah, Chennai ...

Respondents [in all Crl.O.Ps.] COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Criminal Procedure Code, praying to call for the records and quash the summons dated 22.11.2021 issued by the first respondent and the 1/5

proceedings on the file of the first respondent bearing Na.Ka.Nos.373/Nir.Sey.Nadu/Ka.Thu.Mylapore District/2021; 372/Nir.Sey. Nadu/Ka.Thu.Mylapore District/2021 and 374/Nir.Sey.Nadu/Ka.Thu. Mylapore District/2021 respectively.

For Petitioners : Mr.M.Rajavelu [in all Crl.O.Ps.] For Respondents : Mr.A.Damodaran [in all Crl.O.Ps.] Additional Public Prosecutor C O M M O N O R D E R These Criminal Original Petitions have been filed to call for the records and quash the summons dated 22.11.2021 issued by the first respondent in his proceedings bearing Na.Ka.Nos.373/Nir.Sey.Nadu/Ka. Thu.Mylapore District/2021; 372/Nir.Sey.Nadu/Ka.Thu.Mylapore District/ 2021 and 374/Nir.Sey.Nadu/Ka.Thu.Mylapore District/2021 respectively. 2.

The learned counsel for the petitioners submitted that the petitioners are law abiding citizens and against them there is no criminal case is pending; by issuing summons dated 22.11.2021 the first respondent has presumed that the petitioners had involved in criminal cases; without 2/5

any criminal intimidation, the petitioners had been called for to execute the bond under Section 107 Cr.P.C. by an undertaking that they would observe good conduct for one year and hence, the same should be quashed. 3.

The learned Additional Public Prosecutor appearing for the respondents submitted that the notice dated 22.11.2021 has become infructuous in view of lapse of one year time on 22.11.2022. It is further submitted that during the relevant time, the petitioners and the opposite party have been giving second complaints against each other and on the basis of which, cases have also been registered in Crime Nos.530 of 2021 and 533 of 2021. These F.I.Rs have been registered for the occurrence which is said to have occurred during the month of November 2021. 4.

For the past one year, there is no untowardness and hence there can not be any apprehension for disruption of peace. Since the time itself got lapsed the notice itself has become infructuous. 5.

In view of the above stated reasons, nothing requires for further consideration in these petitions. Hence, these Criminal Original 3/5

Petitions are closed as infructuous. Consequently, connected Miscellaneous Petitions are closed.

23.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To 1.The Executive Magistrate-cum- Deputy Commissioner of Police, Mylapore District, Chennai.

2.Inspector of Police, E-2 Royapettah of Police, Royapettah, Chennai 3.The Public Prosecutor, Madras High Court, Chennai.

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R.N.MANJULA , J.

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