A.Ruban Babu v. The Judicial Second Class Magistrate Cumtahsildar

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.3667 and 3668 of 2021 A.Ruban Babu ... Petitioner Vs.

1.The Judicial Second Class Magistrate cum Tahsildar, Muthukulathur, Ramanathapuram District.

2.The Inspector of Police, Muthukulathur Police Station, Muthukulathur Ramanathapuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the impugned summons issued by the first respondent vide M.C.No.9 of 2021, dated 03.03.2021 and quash the same as illegal.

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For Petitioner : Mr.A.Arputharaj For Respondents : Mr.M.Muthumanikkam Government Advocate

ORDER

This Criminal Original Petition has been filed to quash the impugned summon issued by the first respondent in M.C.No.9 of 2021, dated 03.03.2021.

2. The first respondent issued the impugned show cause notice in M.C.No.9 of 2021, dated 03.03.2021, under Sections 110 and 111 of Cr.P.C, whereby explanation was called for from the petitioner to execute the bond for good behavior. The same was challenged by the petitioner on the grounds stated in the memorandum of petition.

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

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 Judicial Second Class Magistrate cum Tahsildar, Muthukulathur, Ramanathapuram District.

2.The Inspector of Police, Muthukulathur Police Station, Muthukulathur Ramanathapuram District.

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

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K.K.RAMAKRISHNAN,J.

cp Crl.OP(MD)6352 of 2021 13.04.2023 Page No.5 of 5