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Madras High CourtCRL OP(MD)/12413/2020dismissed as infructuous

Manikandan @ Katta Mani v. The Sub Divisional Magistrate Cum Sub Collector

2023-08-10Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2023

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P.(MD)Nos.5594, 5595 & 6986 of 2020 Manikandan @ Katta Mani ... Petitioner Vs.

The Sub Divisional Magistrate cum Sub Collector, Cheranmahadevi, Tirunelveli, Tirunelveli District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned summon in CRPC Case No.50/2020 vide Form 14 under Section 113 Cr.P.C. dated 19.09.2020 on the file of the respondent and quash the same as illegal as against the petitioner alone. For Petitioner : No Apperance For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to quash the impugned summon in CRPC Case No.50/2020 vide Form 14 under Section 113 Cr.P.C. dated 19.09.2020 on the file of the respondent. 2.Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner.

3.The learned Government Advocate(Crl.side) has represented that the petitioner filed the present petition by challenging the impugned notice dated 19.09.2020, which was issued for a particular period, i.e., one year from the date of 21.09.2020 and now, the time was lapsed and nothing survives in this petition for further adjudication. 4.On perusal of records reveals that the impugned order was passed on 19.09.2020 by issuing summons to the petitioner to appear before the respondent on 21.09.2020 at about 03.30 pm., to execute bond for a sum of Rs.1,00,000/- for one year to keep peace. But, the above said period was already over and thereby, nothing survives in this petition for further adjudication.

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5.In the result, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 10.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To 1.The Sub Divisional Magistrate cum Sub Collector, Cheranmahadevi, Tirunelveli, Tirunelveli District.

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

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P. DHANABAL ,J.

gns 10.08.2023 4/4