Madras High Court
Jose @ Thangajose vs The Executive Magistrate No.Ii ... on 1 April, 2021
Crl. R.C.(MD)No.241 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 01.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.241 of 2021
and Crl.M.P.(MD)No.2485 of 2021
Jose @ Thangajose .. Petitioner
Vs.
1.The Executive Magistrate No.II Cum
Tahsildar, Thovalai,
Kanyakumari District.
2.The Inspector of Police,
Aralvoimozhi Police Station,
Kanyakumari District
Cr No. 7/2021. .. Respondents
Prayer : This criminal revision case is filed under Sections 397 and 401 of
Cr.P.C., to call for the records to set aside the order dated 10.02.2021 made in
Na.Ka.No.A4/196/2021 on the file of the 1st respondent and release the Detenue
namely Jose alias Thangajose. S/o.Moses Roy aged about 20 years detained in
Central Prison, Palayamkottai.
For Petitioner : Mr.C.Mayilvahana Rajendran
For Respondents : Mrs.S.Bharathi
Government Advocate
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Crl. R.C.(MD)No.241 of 2021
ORDER
This Criminal Revision Case has been filed to set aside the order
dated 10.02.2021 made in Na.Ka.No.A4/196/2021 on the file of the 1st
respondent
2.On the report of the second respondent, the first respondent initiated
proceedings in L.I.R.No.11/Security/N5 Ps/2020, in M.C.No.06 of 2020, has
obtained a bond from the revision petitioner to maintain peace and good
behavior for a period of one year on 10.08.2020. Subsequently, 04.01.2021, the
petitioner involved in another case in Crime No.07 of 2021 and he was arrested.
On the report of the second respondent, the first respondent initiated
proceedings and passed the impugned order on 10.02.2021. Against the
impugned order, the petitioner preferred this Criminal Revision.
3.On the side of the revision petitioner, it is stated that show cause
notice was issued to the petitioner on 02.01.2021. No opportunity was given to
the petitioner, only within 24 hours, the petitioner was produced before the first
respondent. Since the petitioner was in custody, he could not file any reply on
08.02.2021. Copies of documents were not furnished to the petitioner. Legal
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Crl. R.C.(MD)No.241 of 2021
assistance was not provided to the petitioner. The order was passed on
10.02.2021 and prayed the impugned order to be set aside.
4.On the side of the petitioner, it is stated that the first respondent is
not having the jurisdiction to pass the order. A judgment of this Court reported
in 2019 (2) MWN (Criminal) 136 (P.Sathish @ Sathish Kumar Vs. State) is
cited.
5.On the side of the respondent, it is stated that on the report of the
second respondent in L.I.R.No.11/Security/N5 Ps/2020, after a detail enquiry
the first respondent directed the petitioner to execute a bond in M.C.No.06 of
2020, on 10.08.2020, to maintain peace and good behavior for a period of one
year. But, subsequently, the petitioner involved in another offence in Crime No.
7 of 2021 under Section 392 r/w. 397 and 506 (ii) I.P.C. and he was arrested on
04.01.2021. On the report of the second respondent, the first respondent
initiated the proceedings under Section 122(1)(b) Cr.P.C. and after following all
the procedures, the impugned order was passed by the first respondent and that
the petitioner involved in four previous cases. The four previous cases are as
follows:
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Crl. R.C.(MD)No.241 of 2021
SI. Name of the Crime No. and Sections Present Stage of
No. Police Station the Case
1. Aralvaimozhi Cr.No.345 / 2018 PT, C.C.No.18 /
U/s.323, 506(ii) I.P.C., 4 2019 dated
of TNPWH Act 21.02.2019
2. Aralvaimozhi Cr.No.44 / 2019 Charge sheet filed
U/s.323, 506(ii) I.P.C., 4
of TNPWH Act
3. Aralvaimozhi Cr.No.77 / 2019 Convicted fine Rs.
U/s.294(b) I.P.C., 1000/- on
13.07.2019
4. Aralvaimozhi Cr.No.321 / 2020 Charge sheet filed
U/s.294(b), 324,, 506(ii)
I.P.C.,
and prayed the petition to be dismissed.
6.On the side of the respondent, it is stated that the first respondent is
having power to pass the order under Section 110 Cr.P.C. and the question
raised by the revision petitioner regarding locus standi of the first respondent is
pending before the Larger Bench. The power of the first respondent was not
cancelled by any Court or by any Government Order.
7.A perusal of the impugned order reveals that no copies of documents
were furnished to the petitioner. No enquiry was conducted. No witness was
examined by the first respondent. Only based on the report of the second
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Crl. R.C.(MD)No.241 of 2021
respondent, the impugned order was passed. Since the procedures are not duly
followed by the first respondent, the impugned order passed by the first
respondent is hereby set aside.
8.Hence, this Criminal Revision Case is allowed. Consequently,
connected Miscellaneous Petition is closed.
01.04.2021
Index : Yes/No
Internet : Yes/No
Ls
NOTE: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned.
To
1.The Executive Magistrate No.II Cum
Tahsildar, Thovalai,
Kanyakumari District.
2.The Inspector of Police,
Aralvoimozhi Police Station,
Kanyakumari District
3.The Superintendent of Prison,
Central Prison,
Palayamkottai, Tirunelveli District.
R. THARANI, J.
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Crl. R.C.(MD)No.241 of 2021
Ls
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl. R.C.(MD)No.241 of 2021
01.04.2021
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