Madras High CourtCRL OP(MD)/18092/2018dismissed

Maran @ Ilamaran v. The Sub Divisional Magistrate

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.18092 of 2018 and CRL.M.P.(MD)Nos.8032 and 8033 of 2018 Maran @ Ilamaran ... Petitioner -Vs1.The Sub Divisional Magistrate cum Sub-Collector, Devakottai, Sivagangai District.

2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the impugned order Ku.Va.No.A1/(36)8386/2018 dated 25.09.2018 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.M.Chandra Sekaran, Additional Government Pleader.

ORDER

This petition has been filed to quash the show cause notice issued by the first respondent, which is initiated under Section 107 Cr.P.C.

2.In view of the judgment of the Hon'ble Division Bench of this Court in the case of N.Krishnamurthy and others Vs. Sub Divisional Magistrate cum Revenue Divisional Officer, Krishnagiri and another reported in (2017) 1 MLJ, Criminal, Page 257, the petition to quash the show cause notice is not maintainable under Section 482 Cr.P.C., 3.In view of the same, this Criminal Original Petition is dismissed. However, there shall be a direction to the petitioner and others to give their explanations before the first respondent, https://hcservices.ecourts.gov.in/hcservices/

within a period of one week from the date of receipt of a copy of this order and the first respondent shall complete the proceedings, within a period of three weeks thereafter. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) Myr To 1.The Sub Divisional Magistrate cum Sub-Collector, Devakottai, Sivagangai District.

2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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

CRL.O.P.(MD)No.18092 of 2018 NM/SKN/SAR IV/08.11.18/2P/4C.

https://hcservices.ecourts.gov.in/hcservices/