Disposed

Kesavakumar v. The Circle Administrative Magistrate Cum Revenue Divisional Officer

Madras HC27 Feb 2023CRL OP(MD)/2997/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a Criminal Original Petition filed to quash a summons issued under Section 107 Cr.P.C. The court held that the omission of the bond amount does not warrant quashing and directed the first respondent to issue an afresh summons with necessary particulars before proceeding.

What did the court decide?

Directed the first respondent to issue a fresh summons with necessary particulars. The petitioner is directed to appear on such issuance.

Kesavakumar Vs The Circle Administrative Magistrate… — Service and Employment | Madras HC (2023)

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Crl.O.P.(MD)No.2997 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.2997 of 2023 and Crl.M.P.(MD)Nos.2738 and 2739 of 2023

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Kesavakumar ... Petitioner

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Vs.

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1.The Circle Administrative Magistrate cum Revenue Divisional Officer, Manamadurai, Sivagangai District.

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2.The Inspector of Police, Manamadurai Police Station, Sivagangai District. ... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned summon in Na.Ka.A5/693/2022, dated 03.02.2023 issued by the first respondent and quash the same.

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For Petitioner : Mr.S.Vikaram

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For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side)

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

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Crl.O.P.(MD)No.2997 of 2023

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking order, to call for the records relating to the impugned summon in Na.Ka.A5/693/2022, dated 03.02.2023 issued by the first respondent and quash the same.

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Heard the learned counsel appearing for the petitioner and the

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learned Government Advocate (Criminal Side) appearing for the respondents.

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The learned counsel appearing for the petitioner would submit

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that the first respondent has issued summon under Section 107 of Code of Criminal Procedure directing the petitioner to appear before them on 07.02.2023 at 11.00 am. He would further submit that in the summon the amount of bond to be taken was not mentioned.

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4. As rightly pointed out by the learned Government Advocate (Criminal Side), since the petitioner is a history sheeter and by giving necessary particulars, the impugned summon has been issued and the

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

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Crl.O.P.(MD)No.2997 of 2023

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points now raised by the petitioner can very well be canvassed before the

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first respondent.

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5. Recording the submissions on either sides, the first respondent

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is directed to issue afresh summon giving necessary particulars and on such issuance of summon, the petitioner is directed to appear before the first respondent and thereafter, the first respondent is directed to proceed in accordance with law.

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6. With the above directions, this Criminal Original Petition stands

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disposed of. Consequently, connected Miscellaneous Petitions are closed.

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27.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das

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K.MURALI SHANKAR,J.

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

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Crl.O.P.(MD)No.2997 of 2023

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das

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1.The Circle Administrative Magistrate cum Revenue Divisional Officer, Manamadurai, Sivagangai District.

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2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

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Order made in Crl.O.P.(MD)No.2997 of 2023 and Crl.M.P.(MD)Nos.2738 and 2739 of 2023

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Dated: 27.02.2023

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

Kesavakumar v. The Circle Administrative Magistrate Cum Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Kesavakumar v. The Circle Administrative Magistrate Cum Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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