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Madras High CourtCRL OP(MD)/9580/2022allowed

Priya @ Shanmuga Priya v. The Second Class Executive Magistrate Cum Tahsildhar

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL.O.P (MD) No.9580 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.9580 of 2022 in Crl.MP.(MD)No.6150 of 2022 Priya @ Shanmuga Priya ... Petitioner Vs 1.The Second Class Executive Magistrate cum Tahsildhar, O/o.The Second Class Executive Magistrate cum Tahsildhar, Paramakudi, Ramanathapuram District.

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

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned proceedings of the first respondent in M.C.No.NIL of 2022, dated 05.05.2022 and its consequential proceedings and to quash the same. For Petitioner : Mr.M.S.Jeyakarthik, For Respondents : Mr.M.Aasha, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to call for the entire records in relating to the impugned proceedings of the first respondent in M.C.No.NIL of 2022, dated 05.05.2022 and its consequential proceedings and to quash the same.

2. The first respondent initiated proceedings under Section 110 of Cr.P.C as against the petitioner on the representation of the second respondent. The second respondent made request alleging that there is likelihood that the petitioner may cause breach of peace in her locality by her illegal activities.

3. On receipt of the information, the first respondent issued notice under Section 110 of Cr.P.C in M.C No. NIL of 2022, dated 05.05.2022, thereby calling upon the petitioner to appear before the first respondent, On perusal of the impugned summon, it is seen that it does not contain any basic ingredients as required under Section 111 of Cr.P.C. It is relevant to extract the provisions under Section 111 of Cr.P.C, which reads as follows: "111. Order to be made When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9580 of 2022 require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required"

4. The first respondent ought to have passed the impugned order containing the substance of information received, the amount of bond to be executed , the terms for which it is to be in force and the number, character and class of sureties which is in force. However on receipt of information from the second respondent, the first respondent mechanically issued the impugned summons without application of mind and it is totally contrary under Section 111 of Cr.P.C.

5. In view of the same, the impugned order passed by the first respondent in M.C No.NIL of 2022, dated 05.05.2022 is set aside and the Criminal Original Petition is allowed. The first respondent is at liberty to issue fresh summons to the petitioner by complying with the provisions under Section 111 of Cr.P.C in the manner known to law. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Second Class Executive Magistrate cum Tahsildhar, O/o.The Second Class Executive Magistrate cum Tahsildhar, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Parthibanur Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-23876[F] dated 20/05/2022 ) CRL.O.P (MD) No.9580 of 2022 19.05.2022 RD(02.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2