J.Murugan v. The Sub Divisional Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Murugan S/o.Jayaraman ... Petitioner Vs.

1.The Sub-Divisional Magistrate cum Revenue Divisional Officer, Sirkazhi, Mayiladuthurai District.

2.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

3.The Inspector of Police, Pudupattinam Police Station, Mayiladuthurai District.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records of the proceedings in M.C.No.70/2023/A2 on the file of first respondent dated 27.03.2023 and set aside the same.

For Petitioner : Mr.K.Balu For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This petition has been filed challenging the summons issued in M.C.No.70/2023/A2 by the first respondent u/s.110 Cr.P.C.

2. Heard Mr.K.Balu, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. It is seen that summons have been issued by the first respondent without complying with the mandatory requirement u/s.111 Cr.P.C. When this was brought to the notice of learned Additional Public Prosecutor, learned Additional Public Prosecutor submitted that summons issued by the first respondent will be withdrawn and fresh summons will be issued in compliance with the mandate u/s.111 Cr.P.C. Recording the aforesaid submission of learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 07.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 2/4

To 1.The Sub-Divisional Magistrate cum Revenue Divisional Officer, Sirkazhi, Mayiladuthurai District.

2.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

3.The Inspector of Police, Pudupattinam Police Station, Mayiladuthurai District.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 07.02.2024 4/4