Madras High CourtCRL OP(MD)/5531/2021closed

Kathiresan v. The Sub Divisional Magistrate

2023-04-13Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)Nos.3169 and 3170 of 2021 1.Kathiresan 2.Mahadevan 3.Karnan 4.Selvakumar 5.Manikumar .. Petitioners Vs.

1.The Sub Divisional Magistrate, Paramakudi, 2.The Inspector of Police, Kamudhi Police Station, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned Page No.1 of 5

notice issued by the first respondent vide proceedings in M.C.No.436 of 2021, dated 18.03.2021 and quash the same as illegal. For Petitioners : Mr.C.Mayilvahana Rajendran For Respondents : Mr.M.Muthumanikkam Government Advocate

ORDER

This Criminal Original Petition has been filed to quash the impugned notice issued by the first respondent in M.C.No.436 of 2021, dated 18.03.2021.

2. The first respondent issued the impugned show cause notice in M.C.No.436 of 2021, dated 18.03.2021 under Section 111 of Cr.P.C, whereby explanation was called for from the petitioners to execute the bond for good behavior. The same was challenged by the petitioners on the grounds stated in the memorandum of petition.

3. Pending the same, this Court has not granted any stay of Page No.2 of 5

further proceedings. As per Section 111 of Code of Criminal Procedure, enquiry shall be completed within a period of six months and the execution of the bond period is also one year. So, there was no completion of enquiry for the past two years. Hence, the impugned order lost its validity.

4. In result, this Criminal Original Petition is closed without any necessity of further adjudication. Consequently, connected miscellaneous petitions are closed.

13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No cp To 1.The Sub Divisional Magistrate, Paramakudi, 2.The Inspector of Police, Kamudhi Police Station, Page No.3 of 5

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

Page No.4 of 5

K.K.RAMAKRISHNAN,J.

cp Crl.OP(MD)No.5531 of 2021 13.04.2023 Page No.5 of 5