D.Vigneshwaran v. The Executive Magistrate Cum Revenue Divisional Officer

Crl.O.P.(MD)No.13241 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13241 of 2020 and Crl.M.P(MD)Nos.6078 & 6081 of 2020 1.D.Vigneshwaran 2.R.Narayanasamy 3.G.Parthiban @ Parthiparajan 4.Maheshwari ... Petitioners/Respondents Vs.

1.The Executive Magistrate Cum Revenue Divisional Officer Sankarankovil Division Tenkasi District ...1st Respondent 2.The Inspector of Police Thiruvengadam Police Station Tenkasi District (Laid Information No.01/2020) ... 2nd Respondent/Complainant 3.Saraswathi 4.Sankareswari 5.Senthilkumar 6.Annalakshmi

...Respondents 3 to 6/'B' Party

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records in A3/M.C.06/2020(107) dated 15.09.2020 pending on the file of the first respondent and quash the same.

For Petitioners : Mr.R.J.Karthick For R1 & R2 : 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 https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.13241 of 2020 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 criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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 Sankarankovil Division Tenkasi District 2.The Inspector of Police Thiruvengadam Police Station Tenkasi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.13241 of 2020 and Crl.M.P(MD)Nos.6078 & 6081 of 2020 23.11.2020 SR(CO) AP(07/12/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4