Madras High CourtCRL OP(MD)/11205/2020allowed

Maharajan v. The Executive Magistrate Cum Revenue Divisional Officer

2020-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11205 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11205 of 2020 and Crl.MP(MD) No.5100 of 2020 Maharajan

...Petitioner/3rd respondent

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

...1st Respondent 2.The Inspector of Police, Surandai Police Station, Tenkasi District.

(Crime No.293 of 2020) ...2nd Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in Na.Ka.A2/M.C.P/CRPC107/07/2020 dated 12.08.2020, on the file of the 1st respondent and quash the same in so far as the petitioner concern and pass such further orders. For Petitioner : Mr.R.J.Karthick For R1 & R2 : Ms.S.E.Veronica Vincent Government Advocate

O R D E R

Heard the learned counsel on either side. The petitioner challenges impugned show cause notice issued under Section 111 of Cr.P.C. The first respondent wants the petitioner to execute the surety bond. But then, the show cause notice does not contain all the particulars required to be set out under Section 111 of Cr.P.C. Even the substance of the information is not contained at all.

2. In view of the above, the impugned show cause notice is quashed and the Criminal Original Petition is allowed accordingly. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11205 of 2020 vrn 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 Executive Magistrate cum Revenue Divisional Officer, Tenkasi Division, Tenkasi District.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

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

Crl.O.P(MD)No.11205 of 2020 and Crl.MP(MD) No.5100 of 2020 16.10.2020 PU(CO) TR(05.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2