Disposed

Manoj @ Manojkumar v. The II Class Executive Magistrate cum The Thasildhar

Madras HC1 Mar 2023CRL OP(MD)/3178/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court considered a Criminal Original Petition invoking Section 482 Cr.P.C. challenging a summons issued under Section 111 Cr.P.C. for alleged lack of bond details. The court directed the execution magis

What did the court decide?

Directed the first respondent to issue afresh summons giving necessary particulars; directed petitioner to appear before first respondent thereafter; proceeded to close connected MLs.

Manoj @ Manojkumar Vs The II Class Executive… — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.(MD)No.3178 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.03.2023

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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.3178 of 2023 and

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Crl.M.P.(MD)Nos.2913 and 2915 of 2023

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Manoj @ Manojkumar ... Petitioner/

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Respondent

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Vs.

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1.The II Class Executive Magistrate cum The Thasildhar, Paramakudi, Ramanathapuram District.

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2.The State represented by The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District. ... Respondents/ Complainants

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to M.C.No. 114 of 2022 dated 01.04.2022 on the file of the first respondent and quash the same.

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For Petitioner : Mr.G.Vishnuram

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For Respondents : Mr.R.Sivakumar

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Government Advocate (Crl. Side)

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

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Crl.O.P.(MD)No.3178 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 orders to call for the records pertaining to M.C.No. 114 of 2022 dated 01.04.2022 on the file of the first respondent and quash the same.

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

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The learned counsel appearing for the petitioner would submit that the first respondent has issued summons under Section 111 of Code of Criminal Procedure directing the petitioner to appear before them on 08.04.2022 at 12.00 noon for giving his valid reason. He would further submit that in the summons, 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

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

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Crl.O.P.(MD)No.3178 of 2023

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necessary particulars, the impugned summons has been issued and the points now raised by the petitioner can very well be canvassed before the first respondent.

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5. Recording the submissions on either sides, the first respondent is directed to issue afresh summons giving necessary particulars and on such issuance of summons, 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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02.01.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No csm

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

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Crl.O.P.(MD)No.3178 of 2023

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K.MURALI SHANKAR,J.

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csm

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1.The II Class Executive Magistrate cum The Thasildhar, Paramakudi, Ramanathapuram District.

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2.The State represented by The Inspector of Police, Nainarkoil Police Station, Ramanathapuram 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.3178 of 2023 and Crl.M.P.(MD)Nos.2913 and 2915 of 2023

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Dated: 01.03.2023

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

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Manoj @ Manojkumar v. The II Class Executive Magistrate cum The Thasildhar

Case brief

What is this about?

What did the court decide?

Manoj @ Manojkumar v. The II Class Executive Magistrate cum The Thasildhar

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

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