← Library
Madras High CourtCRL OP(MD)/406/2023disposed of

M.Alex v. The Executive Magistrate

2023-01-10Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.321 of 2023 M.Alex ... Petitioner Vs.

1.The Executive Magistrate, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Taluk Police Station, Paramakudi, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings of the first respondent in M.C.No.80 of 2022, dated 22.12.2022 and to quash the same in respect of the petitioner alone. For Petitioner : Mr.G.Kalidoss For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records relating to the proceedings of the first respondent in M.C.No.80 of 2022, dated 22.12.2022 and quash the same in respect of the petitioner alone.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. As rightly pointed out by the learned Additional Public Prosecutor, the first respondent has issued summons under Section 111 Cr.P.C. directing the petitioner to appear before him on 29.12.2022 at about 03.00 p.m. to show cause as to why a bond for Rs.20,000/- for keeping peace for a period of six months, should not be taken from him.

4. As rightly contended by the learned Additional Public Prosecutor, by giving all the necessary particulars, the impugned summons has been issued, but the petitioner has not shown any valid reason or ground to quash the impugned summons. Hence, this Court is not inclined to quash the impugned summons.

2/4

5. Since the date specified for the appearance of the petitioner is already over, the first respondent is directed to issue a fresh summons giving fresh date for the appearance of the petitioner and on receipt of the summons, the petitioner is directed to appear before the first respondent and on such appearance, the first respondent is directed to proceed in accordance with law.

6. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 10.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Executive Magistrate, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Taluk Police Station, Paramakudi, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in and Crl.M.P.(MD)No.321 of 2023 Dated: 10.01.2023 4/4