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Madras High CourtCRL OP(MD)/16299/2022allowed

Harikrishnan v. The Executive Magistrate Ii Cum Tahsildar

2022-11-22Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16299 of 2022 and Crl.M.P(MD)No.10814 of 2022 Harikrishnan

...Petitioner

-vs1.The Executive Magistrate-II-cum-Tahsildar, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the proceedings issued by the Respondents in M.C.No.219/22, dated 20.07.2022 passed by the first Respondent under Section 110(e) Cr.P.C., and to quash the same. For Petitioner : Mr.J.Vishnu For Respondents : Mr.R.Suresh Kumar Government Advocate (crl.side) ****

O R D E R

The learned Counsel for the Petitioner submitted that this Petition had been filed to quash the proceedings issued by the first Respondents in M.C.No.219/22, dated 20.07.2022 under Section 1/4

110(e) Cr.P.C.

2.The learned Counsel for the Petitioner submitted that there is one previous case against the Petitioner, whereas, 110 proceedings are initiated only against the habitual offenders. 3.To the query of this Court, whether there is any other case is pending against the Petitioner or whether any history sheet is maintain in respect of the Petitioner, the learned Government Advocate (Crl.side) submitted that there is only one previous case is pending against the Petitioner and no history sheet is maintained in respect of the Petitioner.

4.In the light of the above, this Criminal Original Petition is allowed and the proceedings initiated by the first Respondent in M.C.No.219/22, dated 20.07.2022, is quashed. Consequently, connected Miscellaneous Petition is closed.

22.11.2022 Index:Yes/No cmr 2/4

To 1.The Executive Magistrate-II-cum-Tahsildar, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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