Madras High CourtCRL RC(MD)/377/2017disposed of

K.Thirumurugan v. State Of Tamilnadu

2017-07-03Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2017

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C(MD).No.377 of 2017 and Crl. MP(MD)No.3570 of 2017 K.Thirumurugan ... Petitioner -Vs1. State of TamilNadu, rep. by Home Secretary, Fort.St.George, Chennai-600 009.

2. The District Revenue Officer,

3. The Second Class Executive Magistrate / Thasildar, Ramanathapuram,

4. Thiru.N.Manivannan, Superintendent of Police,

5. Mr.Balamurugan, Inspector of Police (Special Branch),

6. Mr.Arumugam, Inspector of Police, Kenikarai Police Station, ... Respondents Prayer : Criminal Revision Case filed under Section 397 r/w 401 and 482 of the Code of Criminal Procedure, praying to call for the records connected with M.C.No.(A3) 18/2017 dated 23.03.2017 on the file of the Respondent No.3 and set aside the same as illegal within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor (Crl. Side) ******

O R D E R

This Criminal Revision Petition has been filed, challenging the summons issued by the third respondent under Section 107 Cr.P.C.

2.The Learned counsel appearing for the petitioner submitted that 107 Cr.P.C proceedings have been initiated against the petitioner with malafide intention and without any legal basis. He further submitted that even though the petitioner sent so many representations to the respondents not to take any further action against him, his requests have not been considered sofar. 3.The learned Additional Public Prosecutor, appearing for the respondents fairly submitted that pursuant to the summons, the petitioner had already appeared before the third respondent/ Second Class Executive Magistrate / Thasildar, Ramanathapuram and filed vakalat.

4.In view of the above, the petitioner is permitted to raise objections, whatever he had, before the third respondent/ Second Class Executive Magistrate / Thasildar, Ramanathapuram. On raising such objections, the third respondent/ Second Class Executive Magistrate / Thasildar, Ramanathapuram is directed to consider the same, after giving an opportunity to the petitioner and dispose of the proceedings under 107 Cr.P.C initiated against the petitioner, within a period of one month from the date of receipt of a copy of this order.

5.This Criminal Revision Petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To

1. The Home Secretary, State of Tamil Nadu, Fort.St.George, Chennai-600 009.

2. The District Revenue Officer,

3. The Second Class Executive Magistrate / Thasildar, Ramanathapuram,

4. Thiru.N.Manivannan, Superintendent of Police,

5. Mr.Balamurugan, Inspector of Police(Special Branch),

6. Mr.Arumugam, Inspector of Police, Kenikarai Police Station, +1 cc to Mr.R.Algumani , Advocate in SR.No. 63221 vs/sm AE/MR/KKR/SAR3/06.07.2017/3P/8C Crl.R.C(MD) No.377 of 2017 03.07.2017