Madras High CourtCRL OP(MD)/1002/2023disposed of

Karuppasamy v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2023-01-20Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.917 of 2023 Karuppasamy ... Petitioner Vs.

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Sub Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

(LIR No.19 of 2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned order passed by the first respondent under Section 111 of Criminal Procedure Code LIR No.19 of 2022 dated 13.10.2022 and quash the same.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) 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 dated 13.10.2022 and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. As rightly pointed out by the learned Government Advocate (Criminal Side), the first respondent has issued summons under Section 111 Cr.P.C. directing the petitioner to appear before him on 21.10.2022 at about 11.00 a.m. to show cause as to why two bonds, in which, one bond for Rs.25,000/- and another bond for Rs.25,000/- with two sureties for keeping peace for a period of one year, should not be taken from him.

4. As rightly contended by the learned Government Advocate (Criminal Side), by giving all the necessary particulars, the impugned 2/4

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.

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. 20.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Sub Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

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

Order made in and Crl.M.P.(MD)No.917 of 2023 Dated: 20.01.2023 4/4