Madras High CourtCRL OP(MD)/13389/2020disposed of

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

2020-11-26Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.13389 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13389 of 2020 and Crl.M.P.(MD)No.6150 of 2020 A.Prakash ... Petitioner vs.

1.The Sub-Divisional Magistrate cum Sub Collector, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned summon in M.C.No.306 of 2020, dated 04.11.2020 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Ms.S.E.Veronica Vincent, Government Advocate.

O R D E R

The petitioner challenges the impugned notice issued under Section 111 of Cr.P.C, stating that the notice does not indicate the particulars required to be set out in the notice. 2.The learned Government Advocate would fairly submit that the particulars required to be set out in the notice have not been set out.

3.Heard the learned counsel for the petitioner as well as the learned Government Advocate.

4.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13389 of 2020 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." 5.Hence, considering the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate, the impugned notice is quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // 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, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

+1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-23086[F] dated 27/11/2020 ) ORDER MADE IN Crl.O.P(MD)No.13389 of 2020 and Crl.M.P.(MD)No.6150 of 2020 26.11.2020 SS(CO) KM (08.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2