Raju v. The Sub Collector-Cum-Sub Divisional Magistrate
Crl.O.P(MD)No.19416 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19416 of 2021 and Crl.M.P.(MD)Nos.10846 & 10847 of 2021 1.Raju 2.Senthuran 3.Ravichandran 4.Sakkarai ... Petitioners/'A' Party No.1 to 4 Vs
1. The Sub Collector cum Sub Divisional Magistrate, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
2. The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.
...Respondent No.1&2/Respondents 1&2
3. Ramar
4. Sakkarai @ Sakkappan
5. Karnan
6. Sakkarai ... Respondents No.3 to 6/'B' Party PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned order in M.C.No.547 of 2021 dated 07.07.2021 on the file of the first respondent and quash the same in respect of the petitioners For Petitioners : Mr.V.Thirumal For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.
2. The petitioners challenge the impugned notice under Section 111 of Cr.P.C. The petitioners have been called upon to explain as to why they should not be directed to execute a bond under Section 107 of Cr.P.C. The petitioners have been categorized as 'A' party. The private respondents have been categorized as 'B' party. A composite notice clubbing both the parties have been issued. It has been held time and again that issuance of a composite notice is bad in law.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P(MD)No.19416 of 2021
3. The impugned notice is quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-III) // 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 Collector cum Sub Divisional Magistrate, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
2. The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.SABBANIKARPURAJOTHI, Advocate ( SR-38074[F] dated 10/12/2021 ) Crl.O.P(MD)No.19416 of 2021 08.12.2021 USK (17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2