Madras High CourtCRL OP(MD)/20864/2021allowed

Ramar v. The Sub Divisional Magistrate/The Revenue Divisional Officer

2022-01-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20864 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20864 of 2021 and Crl.M.P.(MD)Nos.11966 & 11968 of 2021 1.Ramar 2.Pandi 3.Moorthy 4.Bakkiyathevar @ Bakkiyam 5.Velmurugan 6.Boss 7.Alagumalai 8.Karuppaiya 9.Muthuramalingam 10.Mariraja ... Petitioners Vs 1.The Sub Divisional Magistrate / The Revenue Divisional Officer, Paramakudi Sub Division, Ramanathapuram District.

2.The State rep. by The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned order under Section 107 of Cr.P.C bearing M.C.No.670/2021 on the file of the first respondent dated 10.11.2021 and quash the same as illegal insofar as the petitioners concern.

For Petitioners : Mr.R.Shankar Ganesh For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents. 2.The petitioners herein challenge the notice issued under Section 111 of Cr.P.C. The petitioners have been called upon to show cause as to whether they should not be called upon to execute a bond under Section 107 of Cr.P.C. As rightly pointed out by the learned counsel for the petitioners, the executive magistrate has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20864 of 2021 not set out the information received by him. The impugned notice is not in consonance with the statutory requirements set out in Section 111 of Cr.P.C. It stands quashed.

3. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 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 Magistrate / The Revenue Divisional Officer, Paramakudi Sub Division, Ramanathapuram District.

2.The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

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

+1 CC to M/s.R.SHANKAR GANESH, Advocate (SR-460[F] dated 05/01/2022) Crl.O.P(MD)No.20864 of 2021 03.01.2022 KS(CO) GC(19.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2