Pandi @ Pulsar Pandi v. The Second Class Judicial Magistrate Cum Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.2208 and 2209 of 2023 Pandi @ Pulsar Pandi ... Petitioner Vs.

1.The Second Class Judicial Magistrate cum Tahsildar, Paramakudi Taluk, Ramanathapuram District.

2.The Sub Inspector of Police, Parthibanur Police Station, Paramakudi Taluk, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records relating to the impugned summons in M.C.No.1 of 2023 dated 19.01.2023 issued by the first respondent and quash the same as illegal.

For Petitioner : Mr.S.Ananda Murugan 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 records relating to the impugned summons in M.C.No.1 of 2023 dated 19.01.2023 issued by the first respondent 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. The learned counsel appearing for the petitioner would submit that the first respondent has issued summons under Section 110 Cr.P.C. directing the petitioner to appear before him on 30.01.2023 at 12.00 noon. He would further submit that the amount of bond to be taken was not mentioned.

4. As rightly pointed out by the learned Government Advocate (Criminal Side), since the petitioner is having six previous cases and by giving necessary particulars, the impugned summons has been issued and 2/4

the points now raised by the petitioner can very well be canvassed before the first respondent.

5. Recording the submissions on either sides, the first respondent is directed to issue afresh summons giving necessary particulars and on such issuance of summons, the petitioner is directed to appear before the first respondent and thereafter, 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.

10.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Second Class Judicial Magistrate cum Tahsildar, Paramakudi Taluk, Ramanathapuram District.

2.The Sub Inspector of Police, Parthibanur Police Station, Paramakudi Taluk, Ramanathapuram District.

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

Order made in and Crl.M.P.(MD)Nos.2208 and 2209 of 2023 Dated: 10.02.2023 4/4