Madras High CourtCRL OP(MD)/15652/2021disposed of

Muhammed Maheen Abubacker v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2024-02-15Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA and Crl.M.P.(MD) No.8420 of 2021 1.Muhammad Maheen Abubacker 2.Muhammad Babu, 3.Satham 4.Sajith ... Petitioners Vs.

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Office of Revenue Divisional Officer, Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

3.Abubakkar 4.Syed Rafeeq 5.Arshad 6.Aasuf ... Respondents Page No. 1 of 4

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records in A3/1535/2021 dated 23.09.2021 on the file of Sub Divisional Magistrate cum Revenue Divisional Officer, Nagercoil, Kanyakumari District and quash the same as far as the petitioners are concerned.

For Petitioners : Mr.K.N.Guru For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R4 : Mr.R.M.Arun Swaminathan

O R D E R

Seeking to quash the summons dated 23.09.2021 bearing No. A3/1535/2021 issued by the Sub Divisional Magistrate cum Revenue Divisional Officer, Nagercoil, Kanyakumari District, first respondent herein, under Section 107 of Cr.P.C., the present Criminal Original Petition is filed.

2. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the first and second respondents, on instructions, would contend that though the summons were issued to the present petitioners under Section 107 of Cr.P.C., the petitioners did not appear before the Page No. 2 of 4

concerned authorities, as a result of which, the peace committee meeting was not conducted on the date fixed by the authorities and therefore, nothing survives for further adjudication in the present Criminal Original Petition.

3. Recording the said submission, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 15.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN To 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Office of Revenue Divisional Officer, Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

Page No. 3 of 4

R.HEMALATHA , J.

JEN Crl.O.P.(MD) No.15652 of 2021 and Crl.M.P.(MD) No.8420 of 2021 15.02.2024 Page No. 4 of 4