Arjunan v. The Ii Class Executive Magistrate Cum Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD).No.2950 & 2951 of 2022 Arjunan ... Petitioner Vs.

1. The II Class Executive Magistrate cum Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Nainar Kovil Police Station, Nainar Kovil, Ramanathapuram District.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the impugned proceedings issued by the first respondent in M.C.No. 51/2022 dated 24.02.2022 and quash the same.

For Petitioner : Mr.S.Pandiyaraj For Respondents : Mr.R.M.Anbunithi No. 1 & 2 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.

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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 week from the date of receipt of a copy of this order.

4. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions stand closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The II Class Executive Magistrate cum Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Nainar Kovil Police Station, Nainar Kovil, Ramanathapuram District.

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

+1 CC to M/s.S.PANDIYARAJ, Advocate ( SR-9999[F] dated 04/03/2022 ) 2/3

order Made in 02-03-2022 VK(12/03/2022) 3P C 3/3