Madras High CourtCRL OP(MD)/11964/2017dismissed

Karthikeyan v. The Revenue Divisional Officer

2017-09-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.11964 of 2017 and CRL.MP.(MD)Nos.8234 & 8235 of 2017 1.Karthikeyan 2.Suresh @ Karupiah 3.Karthick Subbu ..Petitioners/B Party Vs.

1. The Revenue Divisional Officer, Cum Sub-Collector, Revenue Divisional Office, Devakottai. ...1st Respondent 2.The Inspector of Police, Kundrakudi Police Station, Kundrakudi, Sivagangai District.

(Crime No.113 of 2017) ...2nd Respondent 3.Dhanabal 4.Ganesan

...Respondents/A Party

PRAYER: This Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in pursuant to the 1st Respondent impugned summon dated 18.08.2017 in Ku.Va.No.AA/09(5720)/2017 and to quash the same. For Petitioners : Mr.J.John For R-1 & R-2 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original Petition is filed challenging the Show Cause Notice that was by the first respondent in Ku.Va.No.AA/09 (5720)/2017, dated 18.08.2017, under Section 107 of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for respondents 1 and 2.

3. From the reading of the Show Cause Notice issued by the first respondent, it is seen that based on the registration of the criminal case in Crime No. 113 of 2017, the proceedings were initiated under section 107 of Cr.P.C. Since, there is a likelihood of law and problem, notice was issued, calling the petitioners why they should not be asked to furnish security by executing a bond for the value of Rs.25,000/- for the period of one year. The notice was issued under Section 107 of Cr.P.C., is also in accordance with Section 111 of Cr.P.C. There is neither any illegality or irregularity in the proceedings, namely, notice issued under Section 107 of Cr.P.C. This Court is therefore not inclined to entertain this petition. It is open to the petitioner to show cause on merits.

4. Hence, the Criminal Original petition is dismissed. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Cum Sub-Collector, Revenue Divisional Office, Devakottai.

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

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

+ 1 cc TO Mr.J.John , Advocate in SR No. 78640 pmu AE/KP/SAR3/10.10.2017/2P/5C CRL.OP.(MD)No.11964 of 2017 11.09.2017 https://hcservices.ecourts.gov.in/hcservices/