Madras High CourtCRL OP(MD)/15198/2018dismissed

Gnanasekaran v. The Executive Magistrate Cum

2018-08-28Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl OP(MD)No.15198 of 2018 and Crl MP(MD)Nos.6719 and 6720 of 2018 Gnanasekaran ... Petitioner Vs.

1.The Executive Magistrate cum Thasildar, Thirupathur, Sivagangai District.

2.The Sub Inspector of Police, Thiruppathur Police Station, Sivagangai District.

3.A.Ayyavu 4.C.Vellaiyan 5.A.Chinnaiah 6.K.Selvam 7.S.Arjunan 8.A.Sivaraman

...Respondents 3 to 8/ A party

9.V.Ganesan 10.R.Ganesan 11.V.Kittu 12.R.Krishnan 13.S.Krishnan 14.M.Shinnaiah 15.M.Moorthy

16.M.Selvam 17.V.Ramachandran 18.T.Saravanan 19.R.Muthu

...Respondents8 to 19 B Party

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned order Na.Ka.No.A5/1890/2018 on the file of the Executive Magistrate cum Tahsildar, Thirupathur and quash the same.

For Petitioners : Mr.A.V.Rajasekaran For Respondents : Mr.K.Suyambulinga Bharathi, 1 and 2 Government Advocate (Crl Side)

ORDER

This criminal original petition has been filed to quash 107 proceedings initiated by the first respondent. 2.Law on this issue has been settled by the Division Bench of this Court in M.Krishnamurthy and Others Vs. Sub Divisional Magistrate cum Revenue Divisional Officer, Krishnagiri and another reported in 2017 (1) MLJ (Crl) 257, wherein this Court has held that challenge of summon issued under Section 107 of the Criminal Procedure Code, cannot be made directly before this Court. 3.The learned Government Advocate would submit that the petitioner belongs to 'A' party and 'B' party has already executed a bond and the 'A' party did not appear before the first respondent. The matter is posted for enquiry on 04.09.2018. 4.In view of the above submission, the petitioner is directed to appear before the first respondent and give his explanation. 5.With the above direction, this criminal original petition stands dismissed. Consequently, CrlMP(MD)Nos.6719 and 6720 of 2018 are closed.

Sd/- Assistant Registrar (T&P) // True Copy // Sub Assistant Registrar(CS-I)

To 1.The Executive Magistrate cum Thasildar, Thirupathur, Sivagangai District.

2.The Sub Inspector of Police, Thiruppathur Police Station, Sivagangai District.

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

DSK BU/RSK/SAR-I :17.10.2018 : 3P/4C Crl OP(MD)No.15198 of 2018 28.08.2018