Madras High CourtCRL OP(MD)/17437/2023dismissed as infructuous

N.Saminathan v. The Learned Adminstrative Executive Magistrate Cum Tahsildar

2023-10-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17437 of 2023 and Crl.M.P(MD)Nos. 13847 and 13849 of 2023 1.N.Saminathan 2.Ulaganathan

...Petitioners / B-Party

Vs.

1.The Learned Administrative Executive Magistrate Cum Tahsildar, Pugalur Taluk, Karur District.

2.The State rep. by, The Inspector of Police, Thennilai Police Station, Karur District.

...Respondents / Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the impugned proceedings bearing Na.Ka.No.A3/2619/2022 dated 12.09.2023 on the file of the Learned Administrative Executive Magistrate cum Tahsildar, Pugalur Taluk, Karur District, quash the same as illegal and devoid of merits. 1/4

For Petitioner :Mr.K.Prabakaran For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This Criminal Original Petition is filed to call for the impugned proceedings bearing Na.Ka.No.A3/2619/2022 dated 12.09.2023 on the file of the Learned Administrative Executive Magistrate cum Tahsildar, Pugalur Taluk, Karur District, quash the same as illegal.

2. Learned counsel for the petitioner submitted that challenging the notice issued under Section 107 of Cr.P.C., this petition is filed, on the ground that there was no breach of peace or disturbance to the public tranquility. The substance of the case is also not mentioned in the summons. Without proper application of mind, proceeding has been initiated under Section 107 of Cr.P.C and summon was also issued, without applying proper procedure as set out in various judgments.

3. At the time of hearing, learned counsel for the petitioner submitted that now the temple festival is also over, so the matter has become infructuous. 2/4

4. Recording the said submission, this Criminal Original Petition is dismissed as Infructuous. Consequently, connected miscellaneous petitions are closed.

19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Learned Administrative Executive Magistrate Cum Tahsildar, Pugalur Taluk, Karur District.

2.The Inspector of Police, Thennilai Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

pnn Crl.O.P.(MD)No.17437 of 2023 and Crl.M.P(MD)Nos. 13847 and 13849 of 2023 19.10.2023 4/4