Dinesh Kumar @ Dinesh v. The Ii Class Executive Magistrate Cum Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI and CRL MP(MD) No.3710 of 2024 DINESH KUMAR @ DINESH ... Petitioner Vs 1 THE II CLASS EXECUTIVE MAGISTRATE CUM TAHSILDAR, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

... Respondents / Respondents Criminal Original Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to call for the entire records of the proceedings initiated by the II Class Executive Magistrate cum Tahsildar, Paramakudi, Ramanathapuram district in M.C No. 34 of 2024 dt. 21.02.2024 and quash the said proceedings as against the petitioner. Prayer in CRL MP(MD). 3710/ 2024 :

To stay all further proceedings initiated by the II Class Executive Magistrate cum Tahsildar, Paramakudi, Ramanathapuram District vide M.C No. 34 of 2022 dt. 21.02.2024 pending disposal of the main quash petition pending on the file of this Honble Court.

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ORDER : This criminal original petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.L.DHIIPAN PANDIAN, Advocate for the petitioner and of Mr.M.SAKTHI KUMAR, Government Advocate (Crl. side) on behalf of the Respondents, the Court made the following order:- Without any subjective satisfaction show cause notice has been issued by the Tahsildar, who is an incompetent authority.

2.An Executive Magistrate is defined under Section 20 of Cr.P.C in this case. Hence, there shall be an order of interim stay. 3.The learned Government Advocate (Crl. Side) takes for the respondents. 4.Post the matter in the second week of June, 2024. sd/- 26/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR To 1 THE II CLASS EXECUTIVE MAGISTRATE CUM TAHSILDAR, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN and CRL MP(MD) No.3710 of 2024 Date :26/04/2024 ED/ JGB /SAR- (17/05/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3