Madras High CourtCRL RC(MD)/161/2016allowed

Murali @ Ponnuchamy v. The Sub Divisional Executive

2016-06-09Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL RC(MD) No.161 of 2016 MURALI @ PONNUCHAMY ... PETITIONER/RESPONDENT. Vs 1 THE SUB DIVISIONAL EXECUTIVE MAGISTRATE AND ASSISTANT COLLECTOR, SIVAKASI, VIRUDHUNAGAR DISTRICT 2 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO.299/2015 ... RESPONDENT/RESPONDENT. The Criminal Revision case filed under Sec. 397 and 101 of the Code of Criminal Procedure 1898. Praying the High Court to call for the records and set aside the order passed by the 1st respondent in M.C. No.A5/301/2015 on 27.1.2016 and allow this Criminal Revision Petition. Order : This petition coming on for hearing on this day and upon perusing the petition and the order of the 1st Responent and the material papers in the record in the case, and upon hearing the arguments of Mr.M.Jothi Basu, Advocate for the Petitioner and of M/S.R.Prabha, Government Advocate(Crl.Side) appearing on behalf of the Respondents herein this Court orders as follows:

1) That the Criminal Revision case be and hereby is allowed;

2) That the impugned order dt: 27.01.2016 passed by the Sub Divisional Executive Magistrate Cum Assistant Collector, Sivakasi, Virudhunagar District in M.C.No.A5/301/2015 be and hereby is set aside;

3) That the Superintendent, Central Prision, Madurai be and hereby is directed to release Revision petitioner forthwith if he is no longer required in connection with any other case proceedings. (Detailed Judgment will follow) Sd/- Assistant Registrar(AS) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SUB DIVISIONAL EXECUTIVE MAGISTRATE AND ASSISTANT COLLECTOR, SIVAKASI, VIRUDHUNAGAR DISTRICT 2 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

4 THE OFFICER INCHARGE OF THE JAIL AT SUB JAIL, SRIVILLIPUTTUR.

5 THE DEPUTY SUPERINTENDENT OF POLICE, RAJAPALAYAM.

6 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR.

7 THE DISTRICT COLLECTOR, VIRUDHUNAGAR.

ORDER DATED: 09/06/2016 ADVANCE ORDER CRL RC(MD) No.161 of 2016 Allowing this Criminal Revision case against the order dated: 27/01/2016 passed by the Sub Division Executive Magistrate and Assistant Collector, Sivakasi, Virudhunagar District in M.C.No. A5/301/2015 etc., as stated within.

AM/AAL.MPA/SAR-I/09.06.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/