Madras High CourtCRL OP(MD)/17749/2021allowed

Chidambaram v. The Sub Divisional Magistrate

2021-11-16Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.17749 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17749 of 2021 and CRL.M.P.(MD)Nos.9682 of 2021 Chidambaram ... Petitioner Vs.

1. The Sub Divisional Magistrate, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Abiramam police station, Ramanathapuram District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the summon in M.C.No.645 of 2021 passed by the first respondent dated 30.09.2021 and quash the same.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. What is under challenge is the notice issued under Section 111 of Cr.P.C.

3. The first respondent had proposed to initiate proceedings under Section 107 of Cr.P.C. The first respondent however has not recorded his satisfaction as contemplated under Section 111 of Cr.P.C.

4. Therefore, on this sole ground, the impugned proceedings are quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.17749 of 2021 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, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Abiramam police station, Ramanathapuram District.

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

+1 CC to M/s.K. SATHISHKUMAR, Advocate ( SR-34851[F] dated 17/11/2021 ) Crl.O.P.(MD)No.17749 of 2021 16.11.2021 MGJ(01.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/