Karthik v. The Second Class Executive Magistrate Cum Tahsildar
Crl.O.P.(MD)No.11856 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11856 of 2020 and Crl.M.P(MD)No.5462 of 2020 Karthik ... Petitioner Vs.
1.The Second Class Executive Magistrate cum Tahsildar, Mudhukulathur Taluk Office, Mudukulathur, Ramanathapuram District.
2.The Inspector of Police, Keela Thooval Police Station, Ramanathapuram District. ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned proceedings of the first respondent in M.C.No.29 of 2020, dated 19.09.2020 and to quash the same.
For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mrs.S.E.Veronica Vincent, Government Advocate (Criminal Side)
O R D E R
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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.11856 of 2020 criminal original petition is allowed. Consequently, connected miscellaneous petition is 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 Second Class Executive Magistrate cum Tahsildar, Mudhukulathur Taluk Office, Mudukulathur, Ramanathapuram District.
2.The Inspector of Police, Keela Thooval Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.M.S.JEYAKARTHICK, Advocate ( SR-20690[F] dated 29/10/2020 ) Crl.O.P.(MD)No.11856 of 2020 and Crl.M.P(MD)No.5462 of 2020 28.10.2020 VB (05.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2