Madras High Court
Kadal Mani @ Kadarkarai ... ... vs The Sub Divisional Magistrate/ on 20 September, 2022
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 08.08.2020
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.M.Anantha Devi
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 08.08.2020
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
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 08.08.2020 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)
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.
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
https://www.mhc.tn.gov.in/judis
