Crl.R.C(MD) No.884 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.R.C(MD)No.884 of 2022
and Crl.M.P(MD).No.11052 of 2022
Kadal Mani @ Kadarkarai ... Revision Petitioner
Vs.
1.The Sub Divisional Magistrate/
Revenue Divisional Officer,
Tenkasi District.
2.The Inspector of Police,
Pavoorchatram Circle Police Station,
Tenkasi District.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai. ... Respondent
Prayer : This Criminal Revision has been filed under Section 397 and 401 of
Criminal Procedure Code, to call for the records relating to the order passed by
the learned Sub Divisional Magistrate/Revenue Divisional Officer, Tenkasi in
Na.Ka.No.m2-vk;/rp/gp 04/2022/ (ALM)/422/2022/rpMh;gprp 110 dated 08.08.2022
and to set aside the same.
1/5
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD) No.884 of 2022
For Petitioner : Mr.C.Susi Kumar
For Respondents : Mr.S.Manikandan
Government Advocate(Crl.side)
ORDER
This Criminal Revision Petition is directed against the order passed by the the learned Sub Divisional Magistrate/Revenue Divisional Officer, Tenkasi in Na.Ka.No.m2- vk;/rp/gp 04/2022/ (ALM)/422/2022/rpMh;gprp 110 dated 08.08.2022
2.Heard both sides and perused the materials available on record. 3 On perusal of the order shows that on 05.08.2022, the petitioner produced before the enquiry Officer and on the very same day itself, enquiry was undertaken, even without furnishing any materials. The complaint was explained to him and an opportunity was also given to cross examine the witnesses and the same was not utilized by him.
4. The learned counsel for the petitioner has also relied upon the judgment of this Court reported in 2019 (2) MWN (Cr.) 136 in the case of P.Sathish @ Sathish Kumar Vs. State, Rep, by the Inspector of Police Law & Order, H-4, Korukkupet Police Station, Chennai and others, wherein this Court issued some guidelines. It was not brought to the notice of the first respondent while passing 2/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.884 of 2022 order. Without following the guidelines issued by this Court, on the date of production itself the enquiry officer completed his enquiry.
5. Considering the facts and the circumstances of this case and also the fact that without following the guidelines issued by this Court, the said order was passed, this Court is inclined to allow this Criminal Revision Case. Accordingly, this Criminal Revision Case is allowed and the order passed by the learned Sub Divisional Magistrate/Revenue Divisional Officer, Tenkasi in Na.Ka.No.m2- vk;/rp/gp 04/2022/ (ALM)/422/2022/rpMh;gprp 110 dated 08.08.2022 is set aside. The respondents may initiate fresh proceedings, by following the guidelines issued by this Court in the judgment reported in 2019 (2) MWN (Cr.) 136 in the case of P.Sathish @ Sathish Kumar Vs. State, Rep, by the Inspector of Police Law & Order, H-4, Korukkupet Police Station, Chennai and others. Consequently, connected Miscellaneous Petition is closed.
20.09.2022 Index : Yes/No Internet : Yes/No tta (Note:- Issue order copy on 28.09.2022) 3/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.884 of 2022 To:-
1.The Sub Divisional Magistrate/ Revenue Divisional Officer, Tenkasi District.
2.The Inspector of Police, Pavoorchatram Circle Police Station, Tenkasi District.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
4/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.884 of 2022 G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.884 of 2022 20.09.2022 5/5 https://www.mhc.tn.gov.in/judis