Madras High CourtCRL OP(MD)/18528/2021allowed

Sathish Kumar v. The Tahsildhar

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

1 Crl.O.P.(MD)No.18528 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.18528 of 2021 and CRL.M.P.(MD)No.10227 of 2021 Sathish Kumar ... Petitioner Vs.

1. The Tahsildar, Mudhukulathur, Ramanathapuram District.

2. The Sub Inspector of Police, Peraiyur police station, Ramanathapuram District. ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned proceedings in M.C.No.140 of 2021 dated 10.10.2021 on the file of the first respondent and to quash the same.

For Petitioner : Mr.M.S.Jeyakarthick 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 110 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 (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.18528 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 Tahsildar, Mudhukulathur, Ramanathapuram District.

2. The Sub Inspector of Police, Peraiyur police station, Ramanathapuram District.

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

+1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-35997[F] dated 26/11/2021 ) Crl.O.P.(MD)No.18528 of 2021 25.11.2021 NSN(CO) KB(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/