N.Jeevananthan v. The Executive Magistrate Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP(MD)No.16906 of 2018 and WMP(MD)Nos.14929 and 14930 of 2018 N.Jeevananthan ... Petitioner vs.

1. The Executive Magistrate cum The Tahsildar, Paramakudi, Ramanathapuram District.

2. The Sub Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari calling for the summon of 1st respondent in his proceedings of M.C.No.44 of 2018 dated 19.07.2018 issued under section 107 of Cr.P.C, and quash the same.

For Petitioner : Mr.R.Ramachandran For Respondents : Mr.M.Rajarajan, Government Advocate

O R D E R

This writ petition has been filed challenging the summon issued by the first respondent in his proceedings in MC.No.44 of 2018, dated 19.07.2018 under Section 111 of the Criminal Procedure Code.

2.Law on this issue has been settled by the Division Bench of this Court in M.Krishnamurthy and Others Vs. Sub Divisional Magistrate cum Revenue Divisional Officer, Krishnagiri and another, reported in 2017 (1) MLJ (Crl) 257, wherein this Court has held that challenge of summon issued under Section 111 of the Criminal Procedure Code, cannot be made directly before this Court.

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3.In view of the judgment of the Division Bench cited supra, this writ petition stands dismissed. Consequently, WMP(MD) Nos.14929 and 14930 are closed. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Executive Magistrate cum The Tahsildar, Paramakudi, Ramanathapuram District.

2. The Sub Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77736 DSK TE/KAK/SAR-1 : 28/08/2018 : 2P/4C WP(MD)No.16906 of 2018 07.08.2018 https://hcservices.ecourts.gov.in/hcservices/