J.D.Vijayan v. The Sub Divisional Magistrate And Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3278 of 2022 and Crl.M.P.(MD).No.2453 of 2022 J.D.Vijayan ... Petitioner/Petitioner/Respondent Vs.

1.The Sub Divisional Magistrate and the Revenue Divisional Officer, Thirumangalam, Madurai District.

... Respondent/Respondent/Respondent 2.The Inspector of Police, Thirumangalam Town Police Station, Madurai City.

In LIR No.05 of 2022.

...Respondent/Respondent/Complainant

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the proceedings in M.C.No.358 of 2022 dated 07.02.2022 on the file of the first respondent and quash the same.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. The petitioner challenges the notice issued under Section 111 of Cr.P.C. The petitioner has been called upon to show cause as to whether he should not be called upon to execute a bond under Section 107 of Cr.P.C. As rightly pointed out by the learned counsel for the petitioner, the Executive Magistrate has not set out the information received by him. The impugned notice is not in consonance with the statutory requirements set out in Section 111 of Cr.P.C. It stands quashed.

3. However, the first respondent is at liberty to issue a fresh show cause notice providing the substance of the information received for contemplating action under Section 111 of Cr.P.C within a period of one (1) week from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (T&P) // True Copy // 17/02/2022 Sub Assistant Registrar(CS) Lm 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 Magistrate and the Revenue Divisional Officer, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai City.

In LIR No.05 of 2022.

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

Crl.O.P.(MD)No.3278 of 2022 16.02.2022 MGJ(17.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/