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Madras High CourtCRL RC(MD)/395/2020allowed

Puri @ Marimuthu v. The Sub Divisional Executive Magistrate And Revenue Divisional Officer

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

Crl. R.C.(MD)No.395 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.395 of 2020 and Crl.M.P.(MD)No.3409 of 2020 Puri @ Marimuthu .. Petitioner /Revision Petitioner Vs.

1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer, Pudukkotai.

2.The Superintendent of Prison, Central Prison,Trichy.

3.The Inspector of Police, Pudukottai Town Police Station, 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 in Na.Ka.No.A3/2702/2020 dated 16.06.2020 pending on the file of the 1st respondent and quash the same as illegal and arbitrary and release the revision petitioner from judicial custody at once. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

This revision case has been filed to quash the order passed in Na.Ka.No.A3/2702/2020 dated 16.06.2020, 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. It is further stated that the petitioner obtained bail for the case in which, he was originally arrested 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 a previous case in Crime No.362 of 2019. The petitioner has violated the condition of the bond and objected the release of petitioner. 4.A perusal of the records reveals that the petitioner is in custody from 16.06.2020. A perusal of the detention order reveals https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl. R.C.(MD)No.395 of 2020 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.A3/2702/2020 dated 16.06.2020, on the file of the 1st respondent is quashed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // 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 Executive Magistrate and Revenue Divisional Officer, Pudukkotai.

2.The Superintendent of Prison, Central Prison,Trichy.

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

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

Crl. R.C.(MD)No.395 of 2020 21.07.2020 SMA/28/07/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2