Allowed

Rajan v. the Executive Magistrate

Madras HC18 Apr 2023CRL RC/1172/2018

Case brief

AI extract

What is this about?

A Division Bench precedent declared the Executive Magistrate has no power under Section 122(1)(b) Cr.P.C. Based on this, the High Court allowed the Criminal Revision Petition filed by Rajan to set aside the impugned order passed by the Executive Magistrate.

What did the court decide?

The order of the Executive Magistrate and Deputy Commissioner of Police, Washermenpet dated 30.07.2018 in M.P.No.1 of 2018 was set aside.

Rajan Vs the Executive Magistrate — Contempt of Court | Madras HC (2023)

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Crl.R.C.No.1172 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.04.2023

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CORAM

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THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

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Crl.R.C.No.1172 of 2018

Rajan

.. Petitioner

Vs.

The Executive Magistrate and Deputy Commissioner of Police, Washermenpet,

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Chennai.

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The Inspector of Police, H8, Thiruvotriur Police Station, Chennai - 600 019. .. Respondent

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PRAYER : This Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C., to call for the entire records in connection with M.P.No.1 of 2018 in R.C.No.29/Sec.pro/DCP WPT/2018 on the file of the Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai and set aside the order passed by the Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai dated 30.07.2018 in M.P.No.1 of 2018 in R.C.No.29/Sec.pro/DCP WPT/2018.

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For Petitioner : Mr.V.Paarthiban

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For Respondents : Mr.V.J.Priyadarsana Government Advocate (Crl. Side)

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Page No.1/4

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

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Crl.R.C.No.1172 of 2018

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O R D E R

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This Criminal Revision Petition has been filed to call for the entire records in connection with M.P.No.1 of 2018 in R.C.No.29/Sec.pro/DCP WPT/2018 on the file of the Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai and set aside the order passed by the Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai dated 30.07.2018 in M.P.No.1 of 2018 in R.C.No.29/Sec.pro/DCP WPT/2018.

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As per the Division Bench of this Court reported in CDJ 2023 MHC 1826 (P.Sathish @ Sathish Kumar Vs. State rep.by The Inspector of Police-Law&Order, Chennai and another), the first respondent/The Executive Magistrate and Deputy Commissioner of Police, Washermenpet, has no power to pass an order under Section 122(1) (b) of Cr.P.C and accordingly this Criminal Revision Petition is allowed and the order passed by the learned Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai is set aside.

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18.04.2023

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nvi

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Internet : Yes/No Neutral citation : Yes/No

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____________ Page No.2/4_

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

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Crl.R.C.No.1172 of 2018

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The Executive Magistrate and Deputy Commissioner of Police, Washermenpet, Chennai.

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The Public Prosecutor, High Court of Madras, Madras.

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Page No.3/4

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

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Crl.R.C.No.1172 of 2018

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RMT.TEEKAA RAMAN,J., nvi

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order in Crl.R.C.No.1172 of 2018

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18.04.2023

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____________ Page No.4/4_

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

Rajan v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

Rajan v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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Coram

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