Hamthun Nishar v. The Second Class Executive Magistrate Cum Tahsildar

Crl.O.P.(MD) No.6239 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6239 of 2022 and Crl.M.P(MD) No.4311 of 2022 Hamthul @ Hamthul Nishar

...Petitioner

Vs.

1. The Second Class Executive Magistrate, Cum Tahsildar, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the entire records pertaining to the Impugned summon as against the petitioner is concerned in M.C.No.A3/105/22 dated 25.03.2022 on the file of the 1st respondent and quash the same as illegal.

For Petitioner : Mr.M.Seenisulthan For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the entire records in relating to the impugned proceedings of the first respondent in M.C.No.A3/105/22 dated 25.03.2022 and to quash the same

2. The first respondent initiated proceedings under Section 110 of Cr.P.C as against the petitioner on the representation of the second respondent. The second respondent made request alleging that there is likelihood that the petitioner may cause breach of peace in his locality by his illegal activities.

3. On receipt of the information the first respondent issued notice under Section 110 of Cr.P.C in M.C.No.A3/105/22 dated 25.03.2022, thereby calling upon the petitioner to appear before the first respondent on 06.04.2022 at about 4.00 pm., On perusal of the impugned summon it is seen that it does not contain any basic ingredients as required under Section 111 of Cr.P.C. It is relevant to extract the provisions under Section 111 of Cr.P.C, which reads as follows:

"111. Order to be made https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6239 of 2022 When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required"

4. The first respondent ought to have passed the impugned order containing the substance of information received, the amount of bond to be executed , the terms for which it is to be in force and the number, character and class of sureties which is in force. However on receipt of information from the second respondent, whereas the first respondent mechanically issued the impugned summons without application of mind and it is totally contrary under Section 111 of Cr.P.C.

5. In view of the same, the impugned order passed by the first respondent in M.C.No.A3/105/22 dated 25.03.2022 is set aside and the Criminal Original Petition is allowed. The first respondent is at liberty to issue fresh summons to the petitioner by complying with the provisions under Section 111 of Cr.P.C in the manner known to law. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Second Class Executive Magistrate, Cum Tahsildar, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

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

Crl.O.P.(MD) No.6239 of 2022 and Crl.M.P(MD) No.4311 of 2022 Date:05.04.2022 SA(12.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2