Madras High CourtCRL OP(MD)/15078/2018disposed of

Paramasivan v. The Revenue Divisional Officer

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl OP(MD)No.15078 of 2018 and Crl MP(MD)No.6671 of 2018 1.Paramasivan 2.Thirumalaikumar 3.Ramachandran 4.Kasi Pandi 5.Ramar ... Petitioners Vs.

1. The Revenue Divisional Officer cum Executive Magistrate, Tenkasi, Tenkasi, Tirunelveli District.

2. The Inspector of Police, Pavoorchathiram Police Station, Tirunelveli District.

3.Mari 4.Karuppasamy 5.Mariappan 6.Thirumalai 7.Krishnan 8.Vellathurai ... respondents PRAYER:- Petition filed under Section 482 of Criminal Procedure Code,to call for the proceedings issued by the first respondent in Na.Ka.No.A2/mcp/25/2018 dated 24.07.2018 and quash the same in sofar as these petitioners are concerned.

For Petitioners : Mr.B.Santhanam Rajeshkumar For R1 & R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl Side)

ORDER

This criminal original petition has been filed to quash the proceedings issued by the first respondent in Na.Ka.No.A2/mcp/25/2018 dated 24.07.2018.

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 107 of the Criminal Procedure Code, cannot be made directly before this Court. https://hcservices.ecourts.gov.in/hcservices/

3.In view of the judgment of the Division Bench cited supra, this criminal original petition stands dismissed. Consequently, CRLMP(MD)No.6671 of 2018 is closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Revenue Divisional Officer cum Executive Magistrate, Tenkasi, Tenkasi, Tirunelveli District.

2. The Inspector of Police, Pavoorchathiram Police Station, Tirunelveli District.

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

+1cc to Mr.B.Santhanam Rajeshkumar, Advocate SR.No.80553 Tsg MK/SKN/SAR 2/11.09.2018/2P/5C Crl OP(MD)No.15078 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/