Madras High CourtCRL OP(MD)/2631/2017allowed

Malaisamy v. The Sub Division Magistrate

2017-03-16Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.2631 of 2017 and Crl.M.P.(MD)No.2014 of 2017 1.Malaisamy 2.Veeranan 3.Velayutham 4.Veeranan 5.Karthik : Petitioners Vs.

1. The Sub-Division Magistrate -cum- Revenue Divisional Officer, Madurai.

2. The Sub-Inspector of Police-II, Perungudi Police Station, Madurai District.

3. Subramani

4. Sundeli @ Mahalingam

5. Karthik

6. Ramesh

7. Mathivanan : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records and quash the order passed by the Sub-Division Magistrate -cum- Revenue Divisional Officer, Madurai, in his proceedings in M.C.No.5860/2016/M(6), dated 09.11.2016.

For Petitioners : Mr.N.Anandakumar For Respondents 1&2 : Mr.K.Anbarasan, Government Advocate (Crl.side)

O R D E R

Based on the First Information Report in Crime No.362 of 2016, dated 08.11.2016, registered by the Sub-Inspector of Police, Perungudi Police Station, in connection with certain law and order problem that arose during the by-election to the Thirupparankundram Assembly Constituency, the Sub-Divisional Magistrate, Madurai, initiated proceedings under Section 107 of the Code of Criminal Procedure on 09.11.2016, challenging which, the petitioners are https://hcservices.ecourts.gov.in/hcservices/

before this Court.

2. Heard Mr.N.Anandakumar, learned counsel for the petitioners and Mr.K.Anbarasan, learned Government Advocate (Criminal side) appearing for the first and second respondents.

3. On a reading of the show cause notice dated 09.11.2016 issued by the Sub-Divisional Magistrate, it is seen that the SubDivisional Magistrate has called upon the petitioners to show cause as to why they should not furnish a bond for Rs.50,000/- each and the show cause notice does not say the period for which the bond should be executed, as it is required under Section 111 of the Code of Criminal Procedure.

4. In the light of the law laid down by a Division Bench of this Court in M.Krishnamurthy v. The Sub-Divisional Magistrate -cumRevenue Divisional Officer reported in 2017(1) MWN (Cr.) 199 (DB), show cause notice is not in conformity with Section 111 of the Code of Criminal Procedure and, therefore, it has to be set aside.

5. Accordingly, this Criminal Original Petition is allowed and the show cause notice dated 09.11.2016 issued by the first respondent is, hereby, set aside, with liberty to the first respondent to issue a fresh show cause notice in conformity with the legal provisions, if they need survives. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Sub-Division Magistrate -cum- Revenue Divisional Officer, Madurai.

2. The Sub-Inspector of Police-II, Perungudi Police Station, Madurai District.

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

+ 1 CC TO Mr.N.ANANDAKUMAR, ADVOCATE IN SR No. 15852 SML TE/SKN : 03/04/2017 : 2P/5C Order made in CRL.O.P.(MD)No.2631 of 2017 and Crl.M.P.(MD)No.2014 of 2017 Dated: 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/