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Madras High CourtCRL OP(MD)/7049/2018allowed

Kallavanthan v. The Sub-Divisional Magistrate

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7049 of 2018 and Crl.M.P.(MD)Nos.3347 & 3348 of 2018 Kallavanthan ... Petitioner Vs.

1.The State represented by, Sub-Divisional Magistrate, Cum-Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Chinnakovilankulam Police Station, Crm.10 of 2018, Tirunelveli District.

... Respondents PRAYER: Petition filed under Section 482 Cr.P.C. to call for the records A5/M.C105/2018 (110) on the file of the Sub-Divisional Magistrate Cum-Revenue Divisional Officer Tirunelveli, Tirunelveli District and quash the same.

For Petitioner :

Mr.K.Prabhu For Respondents :

Mr.Prabu Ramachandran, G.A.(Crl.side)

ORDER

The petitioner seeks for quashing of the impugned notice issued under Section 113 Cr.P.C.

2.The petitioner has been called upon to execute a bond for a sum of Rs.2,500/- and two sureties.

3.This Court went through the contention of the notice issued under Section 113 Cr.P.C. It is absolutely bereft of any material or particulars.

4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner is a history sheeted rowdy. But that is not a ground for invoking such proceedings against the petitioner. There must be some credible information, warranting initiation of such proceedings.

https://hcservices.ecourts.gov.in/hcservices/

5.The impugned notice has absolutely have no basis. Accordingly, the impugned notice is quashed and this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.

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

2.The Inspector of Police, Chinnakovilankulam Police Station, Crm.10 of 2018, Tirunelveli District.

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

+1cc to M/s.K.Prabhu, Advocate, SR.No.64556.

Crl.O.P.(MD)No.7049 of 2018 and Crl.M.P.(MD)Nos.3347 & 3348 of 2018 27.04.2018 gns/cp RAM/MMS/SAR 2/28.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/