Madras High CourtCRL OP(MD)/12525/2020ordered

Murugan v. The Executive Magistrate

2020-11-06Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12525 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12525 of 2020 and Crl.M.P(MD)Nos.5669 & 5671 of 2020 Murugan : Petitioner/Accused Vs.

1. The Regional Executive Magistrate cum Revenue Divisional Officer, Sankarankoil, Tenkasi District.

2. The Inspector of Police, Puliyankudi Police Station, Tenkasi District.

: Respondents/Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the summon in A3/M.C.14/2020 (110) passed by the first respondent dated 13.10.2020 and quash the same.

For Petitioner : Mr.V.Kathirvelu, Senior Counsel for Mr.K.Prabhu For Respondents : Ms.S.E.Veronica Vincent, Government Advocate (Crl. Side)

O R D E R

Heard the learned counsel on either side.

2.The petitioner challenges the impugned summon issued under Section 113 of Cr.P.C.

3.As rightly pointed out by the learned counsel appearing for the petitioner, no where the first respondent has recorded his subjective satisfaction. The object of the Executive Magistrate is https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12525 of 2020 to obtain a security bond from the petitioner herein. In such an event, the particulars required under Section 111 of Cr.P.C., must be set out. They are also not set out in the impugned summon. Therefore, I have no other option but to quash the same. The impugned summon is quashed. The criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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.

1. The Regional Executive Magistrate cum Revenue Divisional Officer, Sankarankoil, Tenkasi District.

2. The Inspector of Police, Puliyankudi Police Station, Tenkasi District.

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

+1 CC to Mr.K.PRABHU, Advocate ( SR-21426[F] dated 06/11/2020 ) Crl.O.P.[MD]No.12525 of 2020 06.11.2020 VR(CO) CS(24.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2