Madras High CourtCRL OP(MD)/13352/2019disposed of

Ashok Kumar v. The Administrative Executive Magistrate

2019-09-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl OP(MD) No.13352 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 13352 of 2019 and Crl.M.P.(MD) No.8183 of 2019 Ashok Kumar ... Petitioner/Respondent Vs.

1. The Administrative Executive Magistrate, Assistant Commissioner of Police, Law and Order, Trichy City.

2. The Inspector of Police, Gandhi Market Police Station, Trichy City.

... Respondent/Complainants Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to quash the proceedings made in Na.ka.No.274/Nee/se.Na.Thu.Aa/Thi.Ma/2019 dated 22.08.2019 on the file of the 1st Respondent.

For Petitioner : Mr. A. Azhageson For Respondents : Mr.K. Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to challenge the summon issued by the first respondent to initiate the proceedings under Section 107 of Criminal Procedure Code, on the complaint forwarded by the second respondent.

2. It is also seen from the records that the summon was issued to the petitioner for his appearance on 27.08.2019. The first respondent has not passed any order under Section 107(1) of Criminal Procedure Code. The summons was issued only for the purpose of appearance of petitioner before the first respondent, that apart, the hearing is also over. At this stage, the summon cannot be quashed by this Court.

3. In view of the above, the Criminal Original Petition is disposed of. The liberty is granted to the petitioner to file a written statement before the first respondent in the proceedings under Section 107 of Criminal Procedure Code and on receipt of the same, the first respondent is directed to complete the proceedings, within a period of Eight (8) weeks, from the date of receipt of copy https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl OP(MD) No.13352 of 2019 of the order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Administrative Executive Magistrate, Assistant Commissioner of Police, Law and Order, Trichy City.

2. The Inspector of Police, Gandhi Market Police Station, Trichy City.

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

Crl.O.P(MD)No. 13352 of 2019 25.09.2019 ksa VB(22.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4