Anantharaj v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD).No.16282 of 2017 and Crl.M.P(MD).No.10784 of 2017 1.Anantharaj 2.Suyambu 3.Sudalai 4.Thangathurai 5.Sakthivel 6.Sravanan Pandi 7.Athisaya Ganesan 8.Piraviperumal 9.Murugan 10.Muthuvel 11.Senthil Raja 12.Rajendran ... Petitioners/Accused -Vs1.The Revenue Divisional Officer, Divisional Executive Magistrate, Seranmahadevi, Tirunelveli District.

2.State rep. by The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

(Cr.No.166 of 2017) ... Respondents/Suo- Motu complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in proceeding of

the Divisional Executive Magistrate order passed in M.C.No.17 of 2017 dated 01.10.2017 pending disposal of the above quash petition and quash the same.

For Petitioners : Mr.R.Ayyanar For Respondents : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

This petition has been filed to quash the proceeding in M.C.No.17 of 2017, dated 01.10.2017, on the file of the Divisional Executive Magistrate, Seranmahadevi, Tirunelveli District. The impugned proceeding is nothing but a show cause notice issued under Section 107 of the Criminal Procedure Code. The ingredients of Sections 107 & 111 of Cr.P.C are found in the show cause notice. 2.Heard, Mr.R.Ayyanar, learned counsel appearing for the petitioners and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the respondents.

3.The petitioners are called upon to give explanation as to why the petitioners should not be asked to furnish security bond for a sum of Rs.1,00,000/- and to furnish two surety for a period of six months. This Court find no merits in this petition. As stated earlier the ingredients for issuing a show cause notice under Section 107 and found in the impugned notice. 4.Accordingly, this petition is dismissed. Further, it is open to the petitioners to raise all their factual objections before the first respondent. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Divisional Executive Magistrate, Seranmahadevi, Tirunelveli District.

2.The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

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

+1cc to Mr.R.AYYANAR,Advocate,SR.90108 Crl.O.P.(MD).No.16282 of 2017 and Crl.M.P(MD).No.10784 of 2017 06.12.2017 RMK/DSS KK/SV MMS/SAR3/01.02.2018/ 3P-5C/