Ravi v. The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)Nos.5481 and 5484 of 2020 Ravi ... Petitioner/B Party No.2 Vs.

1.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer, Madurai, Madurai District.

...1st Respondent 2.The Inspector of Police, Vadipatti Police Station, Madurai District.

...2nd Respondent/Complainant 3.Jeyakodi 4.Subramani 5.Amsu 6.Vetrivel 7.Paulsamy 8.Appu @ Vignesh 9.Ajithkumar 10.Senthil 11.Murugan 12.Ayyanar 13.Muthiah ... Respondents/A-Party 14.Matchakalai 15.Soundarajan 16.Palani 17.Raja 18.Prabhu 19.Prasath 20.Kannan 21.Balamurugan 22.Raja 23.Thangamani ... Respondents/B-Party PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the impugned proceedings initiated by the 1st respondent vide M.C.No.3682/2020 dated 1/3

15.06.2020 and quash the same against the petitioner as illegal. For Petitioner : Mr.T.Veerakumar For Respondents : Ms.S.E.Veronica Vincent, Govt. Advocate (Crl. Side) for R1 & R2

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the impugned notice issued under Section 111 of Cr.P.C.

3.Section 111 of Cr.P.C., reads as under:- "When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to 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.A mere reading of the impugned notice would indicate that the particulars required to be set out have not at all been set out. Therefore, on this sole ground, the impugned notice is quashed. The criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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.

To:- 1.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer, Madurai, Madurai District.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

2/3

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

28.10.2020 na(CO) KK(05.11.2020) 3P 4C 3/3