Madras High CourtCRL RC(MD)/378/2020allowed

Senthil @ Narimadu Senthil v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2020-07-21Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.378 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 21.07.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.378 of 2020 and Crl.M.P.(MD)No.3297 of 2020 Senthil @ Narimadu Senthil .. Petitioner / Petitioner Vs.

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

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

.. Respondents / Respondents Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records of the first respondent in Na.Ka.No.A3/2591/2020 dated 05.06.2020 and set aside the same. For Petitioner : Mr.G.Mathavan For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

This revision case has been filed to set aside the order passed in Na.Ka.No.A3/2591/2020 dated 05.06.2020, on the file of the 1st respondent.

2.On the side of the petitioner, it is stated that the petitioner is in custody on the basis of the detention order passed by the first respondent. No show cause notice was issued and no enquiry was conducted and prays the petitioner to be released. 3.On the side of the prosecution, it is stated that the petitioner is a habitual offender and he is having two previous cases in Crime Nos.665 of 2002 and 65 of 2017. The petitioner has violated the condition of the bond and objected the release of https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl. R.C.(MD)No.378 of 2020 petitioner.

4.A perusal of the records reveals that the petitioner is in custody from 05.06.2020. A perusal of the detention order reveals that no show cause notice was issued and no enquiry was conducted. 5.In view of the above, the Criminal Revision Case is allowed and the order passed in Na.Ka.No.A3/2591/2020 dated 05.06.2020, on the file of the 1st respondent is hereby set aside. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn 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 Sub Divisional Magistrate Cum Revenue Divisional Officer, Pudukkotai.

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

Copy to:

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

Crl. R.C.(MD)No.378 of 2020 21.07.2020 KK(29.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2