Gopinath v. The Second Class Executive Magistrate Cumtahsildhar

Crl.O.P.(MD)No.11486 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.11486 of 2020 and Crl.M.P.(MD)No.5246 of 2020 Gopinath ... Petitioner Vs.

1.The Second Class Executive Magistrate Cum Tahsildar, Mudhukulathur Taluk Office, Mudhukulathur, Ramanathapuram District.

2.The Inspector of Police, Keela Thooval Police Station, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the entire records in relating to the impugned proceedings of the 1st respondent in MC.No.30/2020 dated 19.09.2020 and quash the same.

For Petitioner : Mr.M.S.Jeya Karthick For Respondents : Ms.S.E.Veronica Vincent, Government Advocate (Crl. Side)

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the show cause 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 show cause notice indicates that the details that are required to be set out in such a notice has not been mentioned. Therefore, on this sole ground, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11486 of 2020 impugned notice is quashed. The 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, Mudhukulathur, 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 M/s.M.S.JEYAKARTHICK, Advocate ( SR-20507[F] dated 19/10/2020 ) Crl.O.P(MD)No.11486 of 2020 16.10.2020 BK(CO) KB(02.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2