Malarvendhan vs The Sub Divisional Executive ...
2021 Latest Caselaw 612 Mad

                                                       1               Crl.OP No.20028 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 07.01.2021

                                                    CORAM

                               THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                            CRL.O.P.No.20028 of 2020


                     Malarvendhan                                                ..Petitioner


                                                           .Vs.


                     1.The Sub Divisional Executive Magistrate,
                        and Revenue Divisional Officer,
                       Krishnagiri,
                       Krishnagiri District.

                     2.Inspector of Police,
                       Town Police Station,
                       Krishnagiri,
                       Krishnagiri District.

                     3.Navaraj                                               ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to call for the records in connection
                     with the Na.Ka.No.3786/2020/c dated 09.10.2020 issued by the
                     1st respondent and quash the same.


https://www.mhc.tn.gov.in/judis/
                                                           2            Crl.OP No.20028 of 2020



                                     For Petitioner      : Mr.K.Thiruvengadam

                                      For RR 1 & 2       : Mr.C.Raghavan
                                                           Government Advocate (Crl.Side)


                                                      ORDER

This Criminal Original Petition has been filed challenging

the summons issued by the 1st respondent under Section 107 of

Cr.P.C.

2.The learned counsel for the petitioner submitted that

the petitioner has already attended the enquiry before the 1st

respondent and the regular functioning of the Church is repeatedly

interfered by the 3rd respondent and the 1st respondent has not

passed any orders under Section 107 Cr.P.C., Proceedings till date.

3.The learned Government Advocate appearing on

behalf of 1st and 2nd respondents submitted that a summon

cannot be made as subject matter of challenge under Section

482 of Cr.P.C., and since the petitioner has already attended the

enquiry, the 1st respondent will take into consideration the

statements collected from the respective parties and necessary https://www.mhc.tn.gov.in/judis/

action will be taken in accordance with law.

4.In the considered view of this Court, a mere issue of

summon asking the parties to appear for an enquiry cannot be

interfered by this Court in exercise of its jurisdiction under

Section 482 of Cr.P.C. Useful reference can be made to the

judgment of the Division Bench of this Court in M.Krishnamurthy

and Others Vs. Sub Divisional Magistrate cum Revenue Divisional

Officer, Krishnagiri and another reported in 2017 (1) MLJ (Crl) 257.

In the present case, the petitioner has already attended the

enquiry after the summon was issued to him.

5.In view of the above, this Court is not inclined to

interfere with the impugned summons issued by the 1st

respondent. There shall be a direction to the 1st respondent to

complete the enquiry and pass final orders within a period of four

weeks from the date of receipt of copy of this order.

N.ANAND VENKATESH.J., https://www.mhc.tn.gov.in/judis/

KP

6.This Criminal Original Petition is disposed of

accordingly.

07.01.2021

Index : Yes/No Internet: Yes/No

KP

To

1.The Sub Divisional Executive Magistrate, and Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

2.Inspector of Police, Town Police Station, Krishnagiri, Krishnagiri District.

3.Public Prosecutor High Court, Chennai.

CRL.O.P.No.20028 of 2020

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