Madras High CourtCRL OP(MD)/19096/2021allowed

Dhanavandhan v. The Sub-Division Executive Magistrate Cum Revenue Divisional Officer

2021-12-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19096 of 2021 and Crl.M.P.(MD)No.10612 of 2021 1.Dhanavandhan 2.Kavibalan 3.Rajendran 4.Chinnadurai 5.Chandrasekar 6.Rajendran 7.Chellappan 8.Azhagar 9.Arun 10.Prathap 11.Parimalam 12.Santhosh 13.Saamykannu 14.Anandan 15.Krishnamoorthy ... Petitioners vs.

1.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Pudukottai, Pudukottai District.

2. The Inspector of Police, Vadagaadu Police Station, Pudukottai District.

... Respondents 1/3

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in connection with M.C.No.A3/3824/2021 on the file of the first respondent and quash the same in respect of the petitioner's concerned. For Petitioners : Mr.S.Poornachandran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for quashing the impugned notice issued under Section 111 of Cr.P.C.,

2. It has been held time and again that the executive Magistrate cannot issue a composite notice combining 'A' party and 'B' party. The petitioners belong to 'B' party. The impugned notice is quashed.

3. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // 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 Executive Magistrate cum Revenue Divisional Officer, Pudukottai, Pudukottai District.

2. The Inspector of Police, Vadagaadu Police Station, Pudukottai District.

2/3

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

03.12.2021 SAR(CO) SB(17.12.2021) 3P 4C 3/3