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Madras High CourtCRL OP(MD)/2280/2022allowed

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

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.2280 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.2280 of 2022 and Crl.M.P.(MD).No.1662 of 2022 Velraj

...Petitioner/

Accused Vs.

1.The Sub-Divisional Executive Magistrate Cum Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

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

...Respondents/

Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in connection with M.C.No.278/2021 on the file of the Learned Sub-Divisional Executive Magistrate Cum Revenue Divisional Officer, Aruppukottai, Virudhunagar District and quash the same.

For Petitioner : Mr.S.Poornachandran For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2. The petitioner has been directed to execute security bond. The first respondent has not issued any notice under Section 111 Cr.P.C. From a reading of the impugned order one can clearly notice that the statutory procedure set out in Cr.P.C. has not been followed. On this sole ground, the order impugned in this Criminal Original Petition is quashed. The Criminal Original Petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2280 of 2022 allowed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Sub-Divisional Executive Magistrate Cum Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

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

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

Crl.O.P.(MD)No.2280 of 2022 03.02.2022 MGJ(16.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2