Madras High CourtCRL OP(MD)/8829/2016allowed

Rajkumar v. The Second Class Executive

2020-01-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.8829 of 2016 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.8829 of 2016 and CRL.M.P.(MD)No.4307 & 4308 of 2016 Rajkumar ... Petitioner/Respondent Vs.

1. The Second Class Executive Magistrate and Revenue Divisional Officer, Kamuthi, Ramanathapuram District.

... Respondent/Respondent

2. The Sub-Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

(Crime No.123 of 2016) ... Respondent/Petitioner Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records of the notice dated 24.05.2016 issued by the Second Class Executive Magistrate and Revenue Divisional Officer, Kamuthi, Ramanathapuram District pertaining to the proceedings in M.C.No.21 of 2016 on the file of the first respondent and quash the said proceedings. For Petitioner : Mr.S.Balaji For Respondents : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The petitioner challenges the impugned proceedings initiated under Section 107 of Cr.P.C.

2. In the very nature of things, the said proceedings contemplate furnishing of security for a period of one year. More than 31⁄2 years have elapsed. Therefore, the impugned proceedings have to be necessarily quashed. It is accordingly quashed.

3. The criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8829 of 2016 and Pmu To:

1. The Second Class Executive Magistrate and Revenue Divisional Officer, Kamuthi, Ramanathapuram District.

2. The Sub-Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.8829 of 2016 and CRL.M.P.(MD)No.4307 & 4308 of 2016 03.01.2020 MK (20.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2