Kesavakumar v. The Circle Administrative Magistrate Cum Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.2738 and 2739 of 2023 Kesavakumar ... Petitioner Vs.

1.The Circle Administrative Magistrate cum Revenue Divisional Officer, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned summon in Na.Ka.A5/693/2022, dated 03.02.2023 issued by the first respondent and quash the same.

For Petitioner : Mr.S.Vikaram For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking order, to call for the records relating to the impugned summon in Na.Ka.A5/693/2022, dated 03.02.2023 issued by the first respondent and quash the same.

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 summon under Section 107 of Code of Criminal Procedure directing the petitioner to appear before them on 07.02.2023 at 11.00 am. He would further submit that in the summon 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 a history sheeter and by giving necessary particulars, the impugned summon has been issued and the 2/4

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 summon giving necessary particulars and on such issuance of summon, 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.

27.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das K.MURALI SHANKAR,J.

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das To 1.The Circle Administrative Magistrate cum Revenue Divisional Officer, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

Order made in and Crl.M.P.(MD)Nos.2738 and 2739 of 2023 Dated: 27.02.2023 4/4