Madras High CourtCRL OP(MD)/166/2023disposed of

Karuppasamy v. The Revenue Divisional Officer Cum Executive Magistrate

2023-01-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.128 and 129 of 2023 Karuppasamy ... Petitioner Vs.

1.The Revenue Divisional Officer cum Executive Magistrate, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.

(Crime No.14 of 2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records pertaining to the 107 Cr.P.C. proceedings in m1/vk;.rp.311/2022 (107) dated 16.12.2022 initiated by the first respondent and quash the same as illegal. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the 107 Cr.P.C. proceedings in m1/vk;.rp.311/2022(107) dated 16.12.2022 initiated by the first respondent and quash the same as illegal.

2. The learned counsel appearing for the petitioner would submit that in the impugned notice, the first respondent has referred the case in Crime No.14 of 2022 on the file of the Karivalamvanthanallur Police Station, under Section 107 Cr.P.C, dated 23.11.2022, pending against the petitioner herein. But, the case in Crime No.14 of 2022, was registered on 14.01.2022, for the offence under Section 4(1)(i) of Tamil Nadu Prohibition Act against one Shanmugakani.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the case referred in the impugned notice, is not connected with the present petitioner and that the first respondent may be directed to issue fresh summons. 2/4

4. Recording the said submission made by the learned Government Advocate (Criminal Side), the impugned notice in m1/vk;.rp. 311/2022(107) initiated by the first respondent is hereby quashed. The first respondent is directed to issue fresh notice incorporating the correct particulars to the accused.

5. In the result, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. 05.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Revenue Divisional Officer cum Executive Magistrate, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)Nos.128 and 129 of 2023 Dated: 05.01.2023 4/4