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Madras High CourtCRL OP(MD)/23114/2022dismissed as infructuous

Ashok Kumar v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2023-02-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD) No.16404 of 2022 Ashok Kumar, : Petitioner Vs

1. The Sub Divisional Magistrate Cum Revenue Divisional Officer, Thirumangalam, Madurai District.

2. The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

: Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to Call for the records relating to the impugned order passed by the first respondent in M.C.No. 5124/2022/A1, Dated. 16.12.2022 based on the information by the second respondent in LIR-20/22/E3-Thirumangalam PS-2022, Dated. 06.12.2022 and Quash the same. For Petitioner : Mr.P.Venkatesan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition had been filed seeking to quash the proceedings in M.C.No. 5124/2022/A1, dated 16.12.2022, on the file of first respondent.

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

3. As rightly pointed out by the learned Additional Public Prosecutor, the first respondent has issued summons under Section 111 Cr.P.C. directing the petitioner to appear before him on 20.12.2022 at about 10.00 am to show cause as to why a bond for Rs.50,000/- with two sureties for keeping peace for a period of one year, should not be taken from him.

4. As rightly contended by the learned Additional Public Prosecutor, by giving all the necessary particulars, the impugned summons has been issued, but the petitioner has not shown any valid reason or ground to quash the impugned summons. Hence, this Court is not inclined to quash the impugned summons.

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5. Since the date specified for the appearance of the petitioner is already over, the first respondent is directed to issue a fresh summons giving fresh date for the appearance of the petitioner and on receipt of the summons, the petitioner is directed to appear before the first respondent and on such appearance, 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. 02.02.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order lr To

1. The Sub Divisional Magistrate Cum Revenue Divisional Officer, Thirumangalam, Madurai District.

2. The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

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K.MURALI SHANKAR , J.

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