Madras High CourtCRL OP(MD)/3214/2016dismissed

A. Mohamed Kavaan, v. The Sub Divisional Magistrate

2016-02-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP (MD) No.3214 of 2016 1.A.Mohamed Kavaan 2.Jakith Akthar @ Abdul Jakith Akthar ..Petitioners Vs 1.The Sub-Divisional Magistrate Cum Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Inspector of Police Chinnamanur Police Station, Chinnamanur, Theni District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the proceedings in M.C.No.16/2015 on the file of the first respondent and quash the same.

For Petitioners :

Mr.P.T.Thiraviam For Respondents :

Mrs.S.Prabha Government Advocate(Crl.side)

O R D E R

This petition has been filed to quash the proceedings in M.C.No.16/2015 on the file of the first respondent.

2. Heard Mr.P.T.Thiraviam, learned counsel for the petitioners and the learned Government Advocate(Crl.side) appearing for the State.

3. It is seen that summon has been issued under Section 107 Cr.P.C., asking the petitioners to appear for enquiry for maintaining the breach of peace. This Court will normally not interfere at this stage and it is open to the petitioners to appear with an Advocate of their choice before the Revenue Authorities and give their explanation. Thereafter, if any impugned order is passed, the same could be challenged in the manner known to law.

4. The learned counsel for the petitioner submits that the petitioner appeared twice before the Executive Magistrate and he has not been served with the relevant document. Under such circumstances, the learned Executive Magistrate is directed to issue the relevant document to the petitioner so that the petitioner can put up his defence effectively.

5. With the above direction, Criminal Original Petition is disposed of. Consequently, connected M.P is closed. Sd/- Assistant Registrar (CO Dept.)I/c /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Sub-Divisional Magistrate Cum Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Inspector of Police,Chinnamanur Police Station, Chinnamanur, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.P.T.Thiraviam, Advocate, SR No.10840 Crl.OP(MD) No.3214 of 2016 24.02.2016 CM SH/SK-SKN:02.03.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/