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Madras High CourtCRL RC(MD)/463/2020allowed

Karthick @ Karuppu Karthick v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2020-09-04Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 04.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI and Crl.M.P.(MD)No.4094 of 2020 Karthick @ Karuppu Karthick .. Petitioner/Respondent Vs.

1.The Sub-Divisional Magistrate-cum- Revenue Divisional Officer, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

.. Respondents/Complainant Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records of the learned SubDivisional Magistrate-Cum Revenue Divisional Officer, Pudukkottai, the first respondent in Na.Ka.No.A3/2639/2020 dated 12.06.2020 and to set aside the same.

For Petitioner : Mr.K.G.Arunkumar For Respondents : Mrs.Anandha Devi, Government Advocate (Crl. Side)

ORDER

This petition has been filed to set aside the proceedings passed in Na.Ka.No.A3/2639/2020 dated 12.06.2020, on the file of the first respondent.

2.A case was registered against the petitioner in Crime No.76 of 2020 under Section 110 of Cr.P.C. In M.C.No.34 of 2020, the petitioner executed a bond before the first respondent under Section 110 of Cr.P.C., to keep good conduct for a period of one year on 02.03.2020. Subsequently on 04.06.2020, a case was again registered against the petitioner in Crime No.557 of 2020 under Sections 341, 294(b), 387 and 506(ii) of IPC. On the requisition of the second respondent, the first respondent passed the impugned order under Section 122(1)(b) of Cr.P.C., directing the petitioner to be in custody till 01.03.2021. Against that order, the petitioner preferred this revision petition.

3.On the side of the petitioner, it is stated that no show cause notice was issued to the petitioner and no enquiry was conducted.

The respondents did not furnish any copies of the documents and no opportunity was given to 1 / 3

the petitioner to putforth his case and prayed the impugned order to be set aside.

4.On the side of the respondents, it is stated that the petitioner is a habitual offender. Even after executing a bond under Section 110 of Cr.P.C., the petitioner violated the conditions of the bond and only on careful consideration of the documents, the first respondent passed the impugned order. It is further stated that the petitioner involved in four previous cases. One is Crime No.344 of 2013 under Sections 294(b), 323, 324 and 506(ii) of IPC, the other is Crime No.279 of 2016 under Sections 294(b), 506(ii), 332 of IPC and Section 3 of TNPPDL Act, the other is Crime No.403 of 2016 under Section 147, 148, 294(b), 341 and 302 of IPC and another Crime No.557 of 2020 under Section 294(b), 341, 387 and 506(ii) of IPC were registered against the petitioner and the respondent raised objections to the petition.

5.A perusal of the impugned order reveals that the first respondent did not conduct proper enquiry as per Section 122(1)(b) of Cr.P.C., and hence, an opportunity for the petitioner is to be given.

6.Considering the antecedants of the petitioner, liberty is given to the first respondent to take fresh action under Section 122 (1)(b) of Cr.P.C. Since the first respondent did not follow necessary procedures, the impugned order in Na.Ka.A3/2639/2020 dated 12.06.2020, on the file of the first respondent is set aside. 7.In the result, the Criminal Revision Case is allowed. The petitioner is directed to be released forthwith, unless his presence is required in any other case. Consequently, miscellaneous petition is closed.

Sd/- Assistant Registrar (CSII) // 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. 2 / 3

To 1.The Sub-Divisional Magistrate-cum- Revenue Divisional Officer, Pudukkottai.

2.The Inspector of Police, Ganesh Kumar Police Station, Pudukkottai.

3.The Superintendent of Prison, Trichy.

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

04.09.2020 KB(04.09.2020) 3P 5C 3 / 3