Ramesh @ Thiyaga Ramesh v. The 1st Class Executive Magistrate Cum Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.16367 of 2022 Ramesh @ Thiyaga Ramesh ... Petitioner Vs.

1.The 1st Class Executive Magistrate cum Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Inspector of Police, Ammapet Police Station, Thanjavur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records of the proceedings initiated by the first respondent in Na.Ka.No. Nil of 2022 dated 12.12.2022 and quash the said proceedings as against the petitioner. For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the entire records of the proceedings initiated by the first respondent in Na.Ka.No. Nil of 2022 dated 12.12.2022 and quash the same as against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the first respondent has issued summons under Section 111 of Code of Criminal Procedure directing the petitioner to appear before them within a period of seven days i.e., on 20.12.2022 for executing a bond. He would further submit that in the summons Na.Ka.No. was not mentioned and the amount of bond to be taken was also not mentioned.

4. As rightly pointed out by the learned Additional Public Prosecutor, since the petitioner is having four previous cases and by 2/4

giving necessary particulars, the impugned summons has been issued and the points now raised by the petitioner can very well be canvassed before the first respondent.

5. Recording the submissions on either sides, the first respondent is directed to issue afresh summons giving necessary particulars and on such issuance of summons, the petitioner is directed to appear before the first respondent and thereafter, the first respondent is directed to proceed in accordance with law.

6. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed 02.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The 1st Class Executive Magistrate cum Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Inspector of Police, Ammapet Police Station, Thanjavur District.

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

Order made in and Crl.M.P.(MD)No.16367 of 2022 Dated: 02.01.2023 4/4