Disposed

M.Lingasamy v. The Sub Divisional Executive Magistrate Cum The Revenue Divisional Officer

Madras HC30 Jan 2023CRL OP(MD)/1606/2023

Case brief

AI extract

What is this about?

Petitioner sought quashing of summons under Section 110 Cr.PC issued by the Sub Divisional Executive Magistrate. Court held no valid ground for quashing. Directed fresh summons to be issued as the specified date had passed. Cr.O.P. disposed of.

What did the court decide?

Petitioner directed to appear before first respondent on fresh summons issued by first respondent.

M.Lingasamy Vs The Sub Divisional Executive… — Writ and Judicial Review | Madras HC (2023)

¶1

Crl.O.P.(MD)No.1606 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 30.01.2023

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

¶6

Crl.O.P.(MD)No.1606 of 2023 and Crl.M.P.(MD)No.1391 of 2023

¶7

M.Lingasamy, : Petitioner

¶8

¶9

The Sub Divisional Executive, Magistrate Cum the Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District

¶10

The Inspector of Police, Kallikudi Police Station, Thirumangalam, Madurai District : Respondents

¶11

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings initiated under Section 110 Cr.PC in MC.No.5517/2022/m1 and the show cause notice under Section 111 of Cr.PC by the first respondent dated 29.12.2022 on the file of the first respondent and quash the same.

¶12

1/5

¶13

https://www.mhc.tn.gov.in/judis

¶14

Crl.O.P.(MD)No.1606 of 2023

¶15

For Petitioner : Mr.M.Varun Pandian For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

¶16

ORDER

¶17

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to quash the proceedings initiated under

¶18

Section 110 Cr.PC in MC.No.5517/2022/m1 and the show cause notice under Section 111 of Cr.PC by the first respondent dated 29.12.2022 on the file of the first respondent.

¶19

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

¶20

As rightly pointed out by the learned Government Advocate (Criminal Side), the first respondent has issued summons under Section 110 Cr.P.C. directing the petitioner to appear before him on 30.12.2022 with two sureties at about 11.00 a.m. to show cause as to why a bond for Rs.50,000/- for keeping peace for a period of one year, should not be

¶21

2/5

¶22

https://www.mhc.tn.gov.in/judis

¶23

Crl.O.P.(MD)No.1606 of 2023

¶24

taken from him.

¶25

As rightly contended by the learned Government Advocate (Criminal Side), 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.

¶26

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.

¶27

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

¶28

30.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No lr 3/5

¶29

https://www.mhc.tn.gov.in/judis

¶30

Crl.O.P.(MD)No.1606 of 2023

¶31

¶32

1.The Sub Divisional Executive, Magistrate Cum the Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District

¶33

The Inspector of Police, Kallikudi Police Station, Thirumangalam, Madurai District

¶34

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

¶35

4/5

¶36

https://www.mhc.tn.gov.in/judis

¶37

Crl.O.P.(MD)No.1606 of 2023

¶38

K.MURALI SHANKAR,J.

¶39

¶40

Order made in Crl.O.P.(MD)No.1606 of 2023

¶41

Dated: 30.01.2023

¶42

5/5

¶43

https://www.mhc.tn.gov.in/judis

M.Lingasamy v. The Sub Divisional Executive Magistrate Cum The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

M.Lingasamy v. The Sub Divisional Executive Magistrate Cum The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muthurajkumar @ Muthukumar Vs The Inspector of Police

Kathiravan Vs The Inspector of Police

M.Y.M. Jamal Vs The Inspector of Police

M.Kanagaraj Vs The Sub Divisional Magistrate

Balasubramanian Vs The Inspector of Police

Ponraj Vs The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer