Madras High Court
N.Damodharan vs The Administrative Executive ... on 7 January, 2021
Crl.O.P.(MD).No.15804 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
Crl.O.P.(MD).No.15804 of 2020
and
Crl.M.P.(MD)No.7735 of 2020
N.Damodharan ... Petitioner
Vs.
1.The Administrative Executive Magistrate
and The Deputy Commissioner of Police (L&O),
Madurai City.
2.The Inspector of Police,
Theppakulam Police Station,
Madurai City.
(In LIR No.254 of 2020) ... Respondents
PRAYER: This Criminal Original Petition has been filed under Section
482 of Criminal Procedure Code, to call for the records pertaining to the
proceedings in Na.Ka.No.2127/The.Sae.Tha&Ka.Thu.Aa.M/Ma/2020,
dated 18.12.2020 on the file of the first respondent and quash the same.
For Petitioner : Mr.M.Jegadeesh Pandian
For R1 : Mr.A.Robinson
Government Advocate (Crl. Side)
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1/4
Crl.O.P.(MD).No.15804 of 2020
ORDER
The petitioner challenges the impugned notice, dated
18.12.2020 in Na.Ka.No.2127/ep.br.e&fh.J.M/k.kh/2020, on the ground
that the Executive Magistrate while issuing the above said notice did not
mention the amount of bond and the number of sureties.
2.He also drew the attention of this Court to the earlier
Judgment of this Court in Crl.O.P.(MD)No.15727 of 2017 in Crl.M.P.
(MD)No.10450 of 2017, dated 17.11.2017, wherein, it has been held
thus:-
“When a Magistrate acting under Section 107,
Section 108, Section 109 or Section 110, deems it necessary to
require any person to show cause under such Section, he shall
make an order in writing, setting forth the substance of the
information received, the amount of the bond to be executed, the
term for which it is to be in force, and the number, character
and class of sureties (if any) required.
4.The show cause notice under Section 111 must also
setforth the term for which the bond is to be in force. I carefully
went through the impugned show cause notice. This impugned
show cause notice is clearly not in consonance with Section 111
of Cr.P.C. Therefore, the same stands quashed and recording
the undertaking given by the petitioner, this Criminal Original
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Crl.O.P.(MD).No.15804 of 2020
Petition is allowed. Consequently, the Criminal Miscellaneous
Petitions are closed.”
3.In the instant case, the Executive Magistrate has not passed
the order in consonance with Section 111 of Cr.P.C. In such
circumstances, the order passed by the Executive Magistrate, dated
18.12.2020, is liable to be quashed and accordingly, the same is quashed.
The Criminal Original Petition stands allowed. Consequently, connected
miscellaneous petition is closed.
07.01.2021
Index : Yes / No
Internet : Yes / No
sji
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.
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Crl.O.P.(MD).No.15804 of 2020
R.HEMALATHA, J.
sji
To
1.The Administrative Executive Magistrate
and The Deputy Commissioner of Police (L&O),
Madurai City.
2.The Inspector of Police,
Theppakulam Police Station,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD).No.15804 of 2020
07.01.2021
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