Madras High Court
Saravanan @ Pondugan Saravanan vs The Administrative Executive ... on 31 January, 2022
Crl. R.C.(MD)No.37 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 31.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.37 of 2022
Saravanan @ Pondugan Saravanan .. Petitioner
Vs.
1.The Administrative Executive Magistrate cum
The Deputy Commissioner of Police (North)
Madurai City.
2.The Inspector of Police,
D2 Sellur (L&O) Police Station,
Madurai city.
3. The Superintendent,
Central Prison, Madurai. .. Respondents
Prayer : This criminal revision case is filed under Section 397 r/w. Section 401
of Cr.P.C., to call for the records relating to the order of the first respondent by
his proceedings, in M.C.No.1667/Ne.Sae.Na & Ka.Thu,Aa/Ma.Maa/2021, dated
12.01.2022 and to set aside the same as illegal and allow the criminal revision
petition as prayed for.
For Petitioner : Mr.M.Jegadeesh Pandian
For Respondents : Mr.K.Sanjay Gandhi
Government Advocate
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1/6
Crl. R.C.(MD)No.37 of 2022
ORDER
This Criminal Revision Case has been filed to set aside the order
passed by the first respondent, in M.C.No.1667 / Ne. Sae. Na & Ka. Thu. Aa/
Ma.Maa/2021, dated 12.01.2022.
2.The second respondent referred a matter under Section 110 Cr.P.C to
the first respondent. The first respondent took up the matter on file as M.C.No.
1667 / 2021. Before the first respondent, the petitioner has executed a bond on
12.11.2021, to maintain peace for a period of one year. Subsequently, on
26.12.2021, the petitioner involved in an offence in Crime No.1070 of 2021,
under Sections 8(c) r/w. Section 20(b)(iii)(B), 29 (1) of NDPS Act. On the
request of the second respondent, the first respondent initiated proceedings
under Section 122 (1)(b) Cr.P.C. and passed the impugned order. Against the
impugned order, the petitioner preferred this Criminal Revision.
3. On the side of the petitioner, it is stated that the petitioner was
produced before the first respondent on 05.01.2022 and on 07.01.2022 and the
impugned order was passed on 12.01.2022. No opportunity was given to the
petitioner to engage an Advocate. Free legal aid assistance was not given to the
petitioner. A judgment of this Court reported in 2019 (2) MLJ (Criminal) 556
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Crl. R.C.(MD)No.37 of 2022
[P.Sathich @ Sathish Kumar V. State rep. by the Inspector of Police] was cited
on the side of the petitioner and prayed the impugned order to be set aside.
4. On the side of the respondents, it is stated that the petitioner
violated the bond conditions and indulged in an offence in Crime No.1070 of
2021 and the petitioner was arrested on the same date. Sufficient opportunity
was given to the petitioner. Three witnesses were examined in the presence of
the petitioner. Only after proper enquiry, the impugned order was passed by the
first respondent and prayed the petition to be dismissed.
5. A perusal of the records reveals that the copies of the documents
were furnished to the petitioner along with the P.T. Warrant. On 03.01.2022,
three witnesses were examined in the presence of the petitioner and since the
petitioner seeks time for cross examining the witnesses, the matter was
adjourned to 07.01.2022. On 07.01.2022, the petitioner cross- examined two
witnesses and asked for adjournment for cross-examination of the third witness.
On 12.01.2022, the petitioner cross examined the third witness. The first
respondent did not discuss anything regarding the contents of the cross
examination done by the petitioner. The case of the petitioner was not
discussed. The prosecution has admitted that the petitioner is having no
previous case.
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Crl. R.C.(MD)No.37 of 2022
6. It is seen that the petitioner is in custody for the past 37 days. It is
seen that there is no discussion regarding the case of the petitioner in the
impugned order. The petitioner is having no previous case.
7. In the above circumstances, the impugned order, dated 12.01.2022,
in in M.C.No.1667/Ne.Sae.Na & Ka.Thu,Aa/Ma.Maa/2021, passed by the first
respondent is hereby set aside and this Criminal Revision Case is allowed. The
petitioner is directed to be released forthwith, unless his presence is required in
any other case.
31.01.2022
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 Administrative Executive Magistrate cum
The Deputy Commissioner of Police (North)
Madurai City.
2.The Inspector of Police,
D2 Sellur (L&O) Police Station,
Madurai city.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.37 of 2022
3. The Superintendent,
Central Prison, Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.37 of 2022
R. THARANI, J.
Ls
Crl. R.C.(MD)No.37 of 2022
31.01.2022
https://www.mhc.tn.gov.in/judis
