Madras High CourtCRL OP(MD)/18523/2021allowed

Arumugam v. The Sub Divisional Magistrate

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.18523 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18523 of 2021 and CRL.M.P.(MD)No.10217 of 2021 Arumugam ... 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.629 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. This criminal original petition has been filed to quash the notice issued by the first respondent under Section 107 of Cr.P.C.

3. The learned counsel pointed out that the substance of information has not been recorded in the impugned notice. Since the impugned notice is not in consonance with the statutory scheme set out in Section 111 of Cr.P.C., it is liable to be quashed. The impugned notice is quashed accordingly. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

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

2 Crl.O.P.(MD)No.18523 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.

Crl.O.P.(MD)No.18523 of 2021 25.11.2021 MGJ(07.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/