Mohamed Ibrahim v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.4886 of 2025 and CRL MP(MD) No.3525 of 2025 Mohamed Ibrahim ... Petitioner Vs.

1.The Second Class Executive Magistrate cum Tahsildar Ramanathapuram Ramanathapuram District.

2.The State rep. by the Inspector of Police Kenikkarai Police Station Ramanathapuram.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records relating to the impugned summon as against the petitioner is concerned in M.C.No.(A3)545/7640/2024, dated 04.03.2025, on the file of the first respondent and quash the same as illegal.

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For petitioner :Mr.CN.Tamizharasan For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) *****

O R D E R

This petition has been filed by the petitioner to call for the records relating to the impugned summon as against the petitioner is concerned in M.C.No.(A3)545/7640/2024, dated 04.03.2025, on the file of the first respondent and quash the same as illegal.

2. The learned counsel for the petitioner would submit that the first petitioner issued a summons, dated 04.03.2025, for appearance of the petitioner on 27.12.2024 for execution of bond. There are no any averments in the summons about the particulars of the substance of information received from the concerned Police and also no particulars about the bond as mandated under Cr.P.C. Therefore, the summons issued by the first respondent is liable to be quashed.

3. The learned Government Advocate (Crl.Side) for the respondents would submit that the said summons was issued for the appearance of the Page No. 2 of 5

petitioner on the particular date i.e., 27.12.2024 and the same was lapsed now. He would further submit that if any summons issued in future, they will issue the same by observing the procedures under law.

4. The prayer of the petitioner is to quash the summons issued for particular date i.e., 27.12.2024 and the same was lapsed. The learned Government Advocate (Crl.Side) already stated that hereafter if necessary, they will issue fresh summons after following all the procedures under law.

5. Recording the above submissions of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. 17.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Second Class Executive Magistrate cum Tahsildar Ramanathapuram Ramanathapuram District.

2.The Inspector of Police Kenikkarai Police Station Ramanathapuram.

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

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P.DHANABAL,J apd Crl.OP(MD) No.4886 of 2025 17.03.2025 Page No. 5 of 5