Madras High CourtCRL OP(MD)/17274/2019dismissed

Ramkumar v. The Executive Magistrate Cum Revenue Divisional Officer

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.17274 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.17274 of 2019 and Crl.M.P(MD) No.10198 of 2019 Ramkumar

...Petitioner

Vs.

1. The Executive Magistrate cum Revenue Divisional Officer Devakottai

2. The Sub Inspector of Police Singampunari Police Station Singampunari Sivagangai District

...Respondents

(Crime No.24/2019) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records relating to the impugned proceedings made in summon issued Under Section 91 of Cr.P.C dated 18.09.2019 on the file of the second respondent and quash the same. For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed challenging the summons issued under Section 91 of Cr.P.C to initiate proceedings in C.No. 24 of 2019 registered under Section 107 of Cr.P.C.

2. The learned Government Advocate(Crl.Side) would submit that already impugned summons issued to the petitioner to appear on 21.09.2019 and already the petitioner is over. Therefore nothing survives in this summons.

3. Hence, the Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition is also closed. However the learned Government Advocate(Crl.Side) submitted that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.17274 of 2019 matter has been referred to first respondent and it is pending for enquiry. However, the petitioner is at liberty to challenge the final order, if the first respondent initiated proceedings under Section 107 of Cr.P.C.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Executive Magistrate cum Revenue Divisional Officer Devakottai

2. The Sub Inspector of Police Singampunari Police Station Singampunari Sivagangai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V. KANNAN, Advocate ( SR-101409[F] dated 26/11/2019 ) Crl.O.P.(MD) No.17274 of 2019 and Crl.M.P(MD) No.10198 of 2019 25.11.2019 JMN(10.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2