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Madras High CourtCRL OP(MD)/7384/2022allowed

Ravichandran v. The Second Class Administrative Magistrate And Tahsildar

2022-04-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.7384 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.7384 of 2022 and Crl.M.P(MD)Nos.5034 and 5035 of 2022 Ravichandran ... Petitioner Vs.

1.The Second Class Administrative Magistrate and Thasildar, Ramanathapuram, Ramanathapuram District.

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

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in M.C.No.(A3)/155/2022, dated 05.04.2022, pending on the file of the first respondent herein and quash the same.

For Petitioners : Mr.D.Rameshkumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in M.C.No.(A3)/155/2022, dated 05.04.2022 pending on the file of the first respondent.

2.The first respondent initiated a proceedings against the petitioner contemplated under Section 110(e) of Cr.P.C., since he received information from the second respondent that the petitioner indulged in the act of affecting public tranquility. In this connection, the first respondent sent a notice to the petitioner contemplated under Section 113 of Cr.P.C. The summon under Section 113 of Cr.P.C will arise, when the petitioner was served with notice under Section 111 of Cr.P.C. and thereafter if such person is not present in Court, the first respondent shall issue in a summons requiring him to appear for the enquiry under Section 113 of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.7384 of 2022 In the case on hand, admittedly the first respondent herein did not issue any summon to the petitioner under Section 111 of Cr.P.C. The first respondent had perused the information of the second respondent as if we issued summon under Section 113 of Cr.P.C. without issuing notice under Section 111 of Cr.P.C. 3.In view of the above, the impugned summon cannot be sustained as against the petitioner without issuing any notice under Section 111 of Cr.P.C. However, the first respondent is at liberty to issue notice under Section 111 of Cr.P.C. in accordance with law and for proceed further as against the petitioner.

4.Accordingly the Criminal Original Petition stands allowed and the proceedings in M.C.No.(A3)/155/2022, dated 05.04.2022 on the file of the first respondent is hereby quashed. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Second Class Administrative Magistrate and Thasildar, Ramanathapuram, Ramanathapuram District.

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

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

Crl.O.P(MD)No.7384 of 2022 and Crl.M.P(MD)Nos.5034 and 5035 of 2022 22.04.2022 MK/25.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2