Madras High CourtCRL OP(MD)/60/2023disposed of

Manojkumar v. The Revenue Divisional Officer Cum Executive Magistrate

2023-01-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.63 and 65 of 2023 Manojkumar : 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.17 of 2022 : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the 107 Cr.P.C proceedings in m1/vk;.rp.314/2022 (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.Muthu Manikkam, Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition 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.314/2022 (107), dated 16.12.2022 initiated by the first respondent and quash the same as illegal.

2. The learned counsel for the petitioner would submit that in the impugned notice, the first respondent has referred the case in Crime No.17 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.17 of 2022, was registered on 14.01.2022, for the offence under Section 4(1)(i) of Tamil Nadu Prohibition of Act against one Ragupathi.

3. The learned Government Advocate (Criminal Side) appearing for the State 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.

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4. Recording the said submission made by the learned Government Advocate (Criminal Side), the impugned notice, dated 09.12.2012, is hereby quashed. The petitioner is at liberty to issue fresh notice incorporating the correct particulars, pending against the accused.

5. In the result, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. 04.01.2023 NCC :Yes/No Index : Yes / No Internet : Yes / No das To 1.The Revenue Divisinal 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.

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K.MURALI SHANKAR,J.

das and Crl.M.P.(MD)Nos.63 and 65 of 2023 Dated: 04.01.2023 4/4