Madras High CourtCRL OP(MD)/13721/2019dismissed

Ramachandran v. The Executive Magistrate (Ii Class)

2019-09-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.13721 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13721 of 2019 and Crl.M.P(MD)Nos.8360 and 8361 of 2019 Ramachandran

...Petitioner/4th Accused

Vs.

The Executive Magistrate (II Class)/ Tahsildar, Ramanathapuram.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for records in M.C.No.(m3) 35 of 2018 on the file of the Executive Magistrate (II Class) / Tahsildar, Ramanathapuram and quash the same.

For Petitioner : Mr.K.Kumaravel For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side) ***

O R D E R

This petition has been filed challenging the summon issued by the respondent to initiate the proceedings under Section 107 of Cr.P.C.

2. It is seen from the summons that the petitioner was directed to appear before the respondent on 19.08.2019. Further, it is only a summon for appearance of the parties concerned to initiate proceedings under Section 107 of Cr.P.C. and it is not at all violation of any of the provision under the Criminal Procedure Code. Further the petitioner has also appeared before the respondent on 19.08.2019 and till today, the respondent did not pass any order.

3. Considering the facts and circumstances of the case, this Criminal Original Petition is dismissed. However, the petitioner is directed to submit all the written submissions through his counsel and on receipt of the same, the respondent is directed to conduct an enquiry and pass orders on merits in accordance with https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13721 of 2019 law within a period of six months therefrom. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Executive Magistrate (II Class)/ Tahsildar, Ramanathapuram.

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

Crl.O.P.(MD)No.13721 of 2019 and Crl.M.P(MD)Nos.8360 and 8361 of 2019 27.09.2019 KM/(24.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2