Madras High CourtCRL OP(MD)/5237/2021allowed

S.Gandhi v. The Executive Magistrate Ii Cum Tahsildhar

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5237 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5237 of 2021 and Crl.M.P.(MD)No.3023 of 2021 S.Gandhi ... Petitioner Vs 1.The Executive Magistrate II cum Tahsildar, R.S.Mangalam Taluk Office, R.S.Mangalam, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam Taluk, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the proceedings issued by the respondent in CMC.No.11 of 2021 dated 04.03.2021 passed by the first respondent under Section 117 of Cr.P.C r/w Section 110 of Cr.P.C and quash the same against the petitioner.

For Petitioner : Mr.M.Iniyavan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents.

2. The petitioner challenges the final order passed by the first respondent under Section 117 r/w 110 of Cr.P.C. The primary contentions taken by the petitioner is that no notice under Section 111 of Cr.P.C was ever served on him. I called upon the respondents to produce a copy of the notice served on the petitioner under Section 111 of Cr.P.C. No such proof is forthcoming. Since the procedure set out in Cr.P.C., has not been complied with, the order https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5237 of 2021 impugned in this petition is quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Executive Magistrate II cum Tahsildar, R.S.Mangalam Taluk Office, R.S.Mangalam, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam Taluk, Ramanathapuram District.

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

+1 CC to M/s.M.INIYAVAN, Advocate ( SR-39360[F] dated 17/12/2021 ) Crl.O.P(MD)No.5237 of 2021 15.12.2021 MGJ(29.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2