Quashed

Arumugham v. The Executive Magistrate Cum Deputy Commissioner of Police

Madras HC1 Mar 2021CRL OP(MD)/3173/2021

Case brief

AI extract

What is this about?

This order quashes an executive magistrate's order dated 20.1.2020 (EMC.No.198 of 2020) because notices under Sections 111 and 113 of the CrPC were issued on the same date, which is legally impermissible. Consequently, the Criminal Original Petition under Section 482 CrPC is allowed.

What did the court decide?

CRL OP(MD). No.3173 of 2021 was allowed; order dated 20.1.2020 in EMC.No.198 of 2020 was quashed; connected miscellaneous petitions were closed.

Arumugham Vs The Executive Magistrate Cum Deputy… — Writ and Judicial Review | Madras HC (2021)

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CRL OP(MD). No.3173 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction ) Date :01.03.2021

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CORAM

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THE HONOURABLE MRS .JUSTICE R.HEMALATHA CRL OP(MD). No.3173 of 2021 and

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Crl.M.P(MD).Nos.1743 and 1744 of 2021

Arumugham

... Petitioner

1.The Executive Magistrate cum

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Deputy Commissioner of Police,

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Law and Order,

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Tirunelveli city, Tirunelveli.

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2.The Inspector of Police, Thatchanallur Police Station, Tirunelveli. ... Respondents

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Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records in EMC.No.198 of 2020 dated 20.10.2020 and quash the same as against the petitioner.

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For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.A.Robinson Government Advocate (Criminal side)

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ORDER

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The present petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records of the proceedings in EMC.No.198 of 2020 on the file of the Executive Magistrate cum Deputy Commissioner of Police, Law and Order, Tirunelveli District and quash the same.

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2.The main grievance of the learned counsel appearing for the petitioner is that the first respondent on the date of issuance of summons under Section 111 of the Code of Criminal Procedure, issued another summon under Section 113 of the Code of Criminal Procedure on the same date. Only in the event of non-compliance of summons under Section 111 of the Code of Criminal Procedure, another summon under Section 113 of the Code of Criminal Procedure can be issued.

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3.A perusal of the records shows that the first respondent issued both the notices on the same date and therefore, the orders passed by the first respondent in EMC.No.198 of 2020 dated 20.1.2020 is quashed.

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.3173 of 2021

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4.Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Rmk

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Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Executive Magistrate cum Deputy Commissioner of Police, Law and Order, Tirunelveli city, Tirunelveli.

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The Inspector of Police, Thatchanallur Police Station, Tirunelveli.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD).No.3173 of 2021 01.03.2021 VB (30.03.2021) 2P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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Arumugham v. The Executive Magistrate Cum Deputy Commissioner of Police

Case brief

What is this about?

What did the court decide?

Arumugham v. The Executive Magistrate Cum Deputy Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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