Madras High CourtCRL OP(MD)/17652/2021allowed

Suresh v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2021-11-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17652 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17652 of 2021 and Crl.M.P.(MD)No.9614 of 2021 1.Suresh S/o.Retnam 2.Suresh S/o.Sundaresan 3.Jayachandran 3.Ravichandran 5.Anitha 6.Santhabai 7.Muthulakshmi 8.Kumar 9.Senthilkumar 10.Baby ... Petitioners Vs 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

2.The State Rep. by Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

3.Adhikesavan 4.Prabhakaran 5.Mohan 6.Vinosh 7.Pineesiya 8.Pramila 9.Dheeepika ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records of the first respondent learned Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram vide his impugned order in M.C.No.A2/M.C-54 of 2021 dated 01.10.2021 and quash the same.

For Petitioners : Mr.T.Wins For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17652 of 2021

ORDER

The petitioner challenges not only the notice under Section 111 of Cr.P.C., but also the final order passed pursuant thereto. The impugned proceedings deserve to be quashed on the sole ground that separate notices have not been issued to 'A' party and 'B' party. It has been held time and again that the issuance of a composite notice is bad in law.

2. The petitioner's counsel draws my attention to order dated 21.06.2021 made in Crl.O.P.(MD)No.8089 of 2021 (Thangadurai Vs. The Executive Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District).

3. The case on hand is squarely covered by the aforesaid decision. The impugned proceedings are quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 cum Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

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

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

Crl.O.P(MD)No.17652 of 2021 and Crl.M.P.(MD)No.9614 of 2021 15.11.2021 TP(CO) GC(02.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2