R.Jayakumar Jayaraj v. The Sub Divisional Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17577 of 2017 and M.P.(MD)Nos.11507 & 11508 of 2017 1.R.Jayakumar Jayaraj 2.S.Samuvelraj 3.G.K.Nobuly Samuvel 4.D.J.Gunaseelan 5.T.Selvakumar 6.T.Gurupatham : Petitioners Vs.

1. State represented by The Sub Divisional Magistrate and Deputy Commissioner of Police, (Law and Order Court), Tirunelveli City, Tirunelveli District.

2. The Inspector of Police, Palayamkottai Police Station, Cr.No.740 of 2017, Tirunelveli District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to admit this quash petition on file, to call for the records in E.M.C.No.239 of 2017, on the file of the Executive Magistrate and Deputy Commissioner of Police Law and Order Court, Tirunelveli City, Tirunelveli District and quash the same.

For Petitioners : Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

https://hcservices.ecourts.gov.in/hcservices/ The petitioners herein question the issuance of the notice

dated 31.10.2017, calling upon the petitioners to show cause as to why they should not be directed to execute a bond for a sum of Rs.50,000/-, for a period of one year.

2.Though, a number of contentions have been raised, the learned Counsel appearing for the petitioner would submit that the proceedings are liable to be terminated on the short ground that the statutory period of six months has already lapsed. 3.This Criminal Original Petition was filed in December 2017. No interim order was granted by this court. But, the fact remains that more than six months have lapsed since the issuance of the impugned notice. Therefore, on this short ground, the proceedings are liable to be terminated. The first respondent is directed to terminate the impugned proceedings forthwith. 4.This Criminal Original Petition stands allowed, accordingly. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Executive Magistrate and Deputy Commissioner of Police, Law and Order Court, Tirunelveli City, Tirunelveli District.

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

+ 1 CC TO Mr.K.PRABHU, ADVOCATE IN SR No. 70280 MR TE/RP/SAR-2 : 26/07/2018 : 2P/4C Crl.O.P.(MD)No.17577 of 2017 28.06.2018 https://hcservices.ecourts.gov.in/hcservices/