Madras High CourtCRL OP(MD)/1606/2023disposed of

M.Lingasamy v. The Sub Divisional Executive Magistrate Cum The Revenue Divisional Officer

2023-01-30Honourable Mr Justice K.Murali Shankar5 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)No.1391 of 2023 M.Lingasamy, : Petitioner Vs

1. The Sub Divisional Executive, Magistrate Cum the Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District

2. The Inspector of Police, Kallikudi Police Station, Thirumangalam, Madurai District : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings initiated under Section 110 Cr.PC in MC.No.5517/2022/m1 and the show cause notice under Section 111 of Cr.PC by the first respondent dated 29.12.2022 on the file of the first respondent and quash the same.

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For Petitioner : Mr.M.Varun Pandian For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to quash the proceedings initiated under Section 110 Cr.PC in MC.No.5517/2022/m1 and the show cause notice under Section 111 of Cr.PC by the first respondent dated 29.12.2022 on the file of the first respondent.

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 110 Cr.P.C. directing the petitioner to appear before him on 30.12.2022 with two sureties at about 11.00 a.m. to show cause as to why a bond for Rs.50,000/- for keeping peace for a period of one year, should not be 2/5

taken from him.

4. As rightly contended by the learned Government Advocate (Criminal Side), 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.

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. 30.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No lr 3/5

To 1.The Sub Divisional Executive, Magistrate Cum the Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District

2. The Inspector of Police, Kallikudi Police Station, Thirumangalam, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

lr Order made in Dated: 30.01.2023 5/5