← Library
Madras High CourtCRL OP(MD)/4673/2018disposed of

D.S. Deva Sukin v. The Revenue Divisional Officer

2018-08-28Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.4673 of 2018 and Crl.M.P(MD).No.2293 of 2018 1.D.S.Deva Sukin 2.David 3.Thangaraj 4.Selvaraj 5.Nelson

...Petitioners

Vs.

1.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

2.The Sub-Inspector of Police, Kadayalmoodu Police Station, Vilavancode Taluk, Kanyakumari District.

3.The Inspector of Police, Arumanai Police Station, Vilavancode Taluk, Kanyakumari District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in connection with the notice issued under Section 113 Cr.P.C bearing No.A2/MC15/2017 dated 14.12.2017 and quash the same. For Petitioners :Mr.K.Samidurai For Respondents :Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the notice issued under Section 113 Cr.P.C bearing No.A2/MC15/2017 dated 14.12.2017, on the file of the first respondent.

2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The Law on this issue has been settled by the Division

Bench of this Court in M.Krishnamurthy and Others Vs. Sub Divisional Magistrate cum Revenue Divisional Officer, Krishnagiri and another, reported in 2017 (1) MLJ (Crl) 257, wherein this Court has held that challenge of summon issued under Section 107 of the Criminal Procedure Code, cannot be made directly before this Court. However, the petitioners can appear before the first respondent and give their explanation and if the petitioners appear before the first respondent, the first respondent is directed to complete the enquiry, within a period of two weeks from the date of receipt of a copy of this order. 4.In view of the judgment of the Division Bench cited supra, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Record) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

2.The Sub-Inspector of Police, Kadayalmoodu Police Station, Vilavancode Taluk, Kanyakumari District.

3.The Inspector of Police, Arumanai Police Station, Vilavancode Taluk, Kanyakumari District.

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

+1CC TO MR.K.SAMIDURAI, ADVOCATE IN SR.NO.80867. RMK DS RSK SAR-4 11.10.2018 2P/6C Crl.O.P.(MD).No.4673 of 2018 and Crl.M.P(MD).No.2293 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 28.08.2018