Madras High CourtCRL RC(MD)/373/2020disposed of

Premkumar @ Balasubramaniyan v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2020-07-08Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.373 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 08.07.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.373 of 2020 and Crl.M.P(MD).No.3266 of 2020 Premkumar @Balasubramaniyan .. Petitioner / Petitioner Vs.

1.The Sub Divisional Magistrate Cum Revenue Divisional Officer, Pudukkottai.

2.The Inspector of Police, Town Police Station, Pudukottai, Pudukkottai District.

.. Respondents / Respondents Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to call for records of the first respondent in Na.Ka.No.A3/2206/2020, dated 12.05.2020 and to set aside the same. For Petitioner : Mr.G.Mathavan For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

This revision has been filed to call for records of the first respondent in Na.Ka.No.A3/2206/2020, dated 12.05.2020 and to set aside the same.

2.On the side of the petitioner, it is stated that the name of Premkumar @ Balasubramaniyan was not mentioned in the Detention Order. Though the name of the petitioner is being mentioned in the show cause, the actual order was passed only against one Mohamed Yasin and hence, he prays that the petitioner may be released on bail and the Detention Order is to be set aside. 3.On the side of the prosecution, it is stated that due to typographical error in the order, instead of the name of the petitioner, the next person, namely Mohamed Yasin who was also to be detained on the same day, was wrongly printed. Since the name of the petitioner is not mentioned, the detention order is set aside. The respondent is at liberty to take further action in this regard. https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl. R.C.(MD)No.373 of 2020

4. With the above direction, this Criminal Revision Petition is allowed and the order passed by the first respondent in Na.Ka.A3/2206/2020, dated 12.05.2020 is set aside and the revision petitioner is acquitted.

Sd/- Assistant Registrar (Records) (*)Corrected order // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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 (*)To Subtituted the order already despatched on 13.07.2020 1.The Sub Divisional Magistrate Cum Revenue Divisional Officer Pudukkottai 2.The Inspector of Police Town Police Station Pudukottai Pudukkottai District (*)3. The Superintendent Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl. R.C.(MD)No.373 of 2020 and Crl.M.P(MD).No.3266 of 2020 08.07.2020 KK(13.07.2020) 2P 4C VB 22.07.2020 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2