Madras High CourtCRL OP(MD)/1614/2023disposed of

Ponraj v. The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer

2023-01-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.1406 and 1407 of 2023 Ponraj ... Petitioner Vs.

1.The Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

Crime No.82 of 2021.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in proceedings in A3/M.C.No.35/2022(110), dated 03.10.2022 passed by the first respondent/Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Sankarankovil and quash the same as illegal. For Petitioner : Mr.K.Prabhu For Respondents : Mr.M.Muthu Manikkam, 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 in proceedings in A3/M.C.No.35/2022(110), dated 03.10.2022 passed by the first respondent/Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Sankarankovil and quash the same as illegal.

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 10.10.2022 to show cause as to why a bond for Rs.10,000/- 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 Petitions are closed.

30.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

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

Order made in and Crl.M.P.(MD)Nos.1406 and 1407 of 2023 Dated: 30.01.2023 4/4