Madras High CourtCRL OP(MD)/12989/2020disposed of

A.Irudhayarajan v. The Sub Divisional Magistrate Cum Sub Collector

2020-11-18Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.12989 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12989 of 2020 and Crl.M.P(MD)No.5924 of 2020 A.Irudhayarajan ... Petitioner/1st Respondent Vs.

1.The Sub-Divisional Magistrate cum Sub Collector, Padmanapapuram, Kanniyakumari District.

2.The Sub-Inspector of Police, Asaripallam Police Station, Asaripallam, Kanniyakumari District. ... Respondents/Complainants Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings of the first respondent in A2/MC 05/2020, dated 08.10.2020 and to quash the same in respect of the petitioner alone.

For Petitioner : Mr.N.Pragalathan For Respondents : Ms.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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12989 of 2020 Therefore, on this sole ground, the impugned notice is quashed. The criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Sub-Divisional Magistrate cum Sub Collector, Padmanapapuram, Kanniyakumari District.

2.The Sub-Inspector of Police, Asaripallam Police Station, Asaripallam, Kanniyakumari District.

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

Crl.O.P.(MD)No.12989 of 2020 and Crl.M.P(MD)No.5924 of 2020 18.11.2020 VB (26.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2