Revision challenged a District Revenue Officer's order setting aside a Sub-Divisional Executive Magistrate's Section 145 Cr.P.C. order. The High Court held no revision lay to that authority under the CrPC and set aside the impugned order, allowing the revision.
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Crl.R.C. No. 817 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2024
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN
Crl.R.C. No.817 of 2023 & Crl.M.P. No. 6266 of 2023
Thirunavukkarasu
..Petitioner
Vs.
Prayer: Criminal Revision filed under Section 397(1) r/w 401 Cr.P.C. to call for the entire records in connection with Ni.Mu.13247/2022/Aa 1 on the file of the 1st respondent namely, the District Revenue Officer and Addl. District Executive Magistrate, Thiruvarur District and set aside the said order passed by the District Revenue Officer and Addl. District Executive
Crl.R.C. No. 817 of 2023
Magistrate, Thiruvarur District dated 08.02.2023.
For Petitioner :: Mr.V. Paarthiban
For Respondents :: Mr.V.J. Priyadarsana, Govt. Advocate (Crl.Side) for R1 & R2
O R D E R
The revision challenges the order passed by the 1st respondent dated 08.02.2023 setting aside the order dated 29.07.2022 passed by the 2nd respondent under Section 145 Cr.P.C.
Cr.P.C. issuing certain directions to maintain peace. Aggrieved by the said order, the 3rd respondent had filed a revision before the 1st respondent.
Code of Criminal Procedure, no revision would lie against the order passed by the 2nd respondent to the 1st respondent and therefore, the order passed by the 1st respondent in the revision setting aside the order passed by the 2nd respondent is unsustainable.
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Crl.R.C. No. 817 of 2023
Connected miscellaneous petition is closed.
15.11.2024
nv
To
SUNDER MOHAN,J.
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Crl.R.C. No. 817 of 2023
nv
Crl.R.C. No. 817 of 2023
15.11.2024
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1 issue framed by the court
Whether the District Revenue Officer could entertain a revision against an order passed under Section 145 Cr.P.C. by the RDO when the Code provides no such revision.
2 provisions across 1 enactments
Thirunavukkarasu
The District Revenue Officer, and Addl. District Executive Magistrate, Thiruvarur District
The Sub-Divisional Executive Officer and Revenue Divisional Officer, Mannarkudi
Palanidurai
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
