Suganraj vs Sub Collector
2023 Latest Caselaw 3681 Mad

Citation : 2023 Latest Caselaw 3681 Mad
Judgement Date : 3 April, 2023

Madras High Court

Suganraj vs Sub Collector on 3 April, 2023

                                                                             Crl.R.C.No.617 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 03.04.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                              Crl.R.C.No.617 of 2023
                                            and Crl.M.P.No.4685 of 2023

                   Suganraj                                           ...      Petitioner

                                          /vs/

                   1. Sub Collector,
                      Subordinate Administrative Magistrate,
                      Tindivanam,
                      Villupuram – 604 301.

                   2. The Inspector of Police,
                      Brammadesam Police Station,
                      Tindivanam                                       ...    Respondents

                   Prayer : Criminal Revision Case filed under section 397 and 401 of Cr.P.C,
                   to set aside the order dated 28.02.2023 passed by the 1st respondent /
                   Subordinate Administrative Magistrate-Cum-Sub Collector, Tindivanam,
                   Villupuram District in Na.Ka.A1/953/2023 (M.C.A.No.1/74/2023) pursuant
                   to the bond executed under Section 110 Cr.P.C on the file of the 1st
                   respondent.


                                        For petitioner    ... Mr.G.Mohammed Aseef
                                        For Respondents    ... Mr.R.Vinothraja,
                                                              Government Advocate (Crl.Side)


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                                                                              Crl.R.C.No.617 of 2023

                                                        ORDER

Challenging the order dated 28.02.2023 passed by the 1st respondent in

Na.Ka.A1/953/2023 (M.C.A.No.1/74/2023), this Criminal Revision is filed

by the petitioner.

2.The learned counsel for the petitioner would submit that the 1st

respondent passed an order, by his proceedings in Na.Ka.A1/953/2023

(M.C.A.No.1/74/2023) under Section 122(1) (b) Cr.P.C and remanded the

petitioner till 01.06.2023. This impugned order is unsustainable, in view of

the judgment of the Division Bench of this Court dated 13.03.2023 in

Cr.R.C.No.137 of 2018 batch cases [P.Sathish @ Sathis Kumar Vs State

Rep by The Inspector of Police, Law and Order, H-4 Korukkupet Police

Station, Chennai]. Therefore, he seeks to set aside the impugned order

passed by the 1st respondent.

3.The learned Government Advocate (Crl.Side) appearing for the

respondents fairly conceded that the 1st respondent is not competent authority

to pass an order under Section 122(1)(b) Cr.P.C.

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Crl.R.C.No.617 of 2023

4.I have considered the matter in the light of submissions of the

learned counsel for the petitioner and the respondents.

5.On perusal of the records and the impugned order, it reveals that the

1st respondent in pursuance of the complaint given by the 2nd respondent, The

Inspector of Police, Brammadesam Police Station, Tindivanam proceeded the

proceedings against the petitioner under Section 110 Cr.P.C and directed to

execute the bond. Since the petitioner has violated the bond executed before

the Administrative Magistrate, the 1st respondent proceeded against him

under Section 122(1)(b) Cr.P.C and finally ordered to remand him till

01.06.2023. The impugned order passed by the 1st respondent dated

28.02.2023 in Na.Ka.A1/953/2023 (M.C.A.No.1/74/2023) is unsustainable,

in view of the order of the Division Bench of this Court dated 13.03.2023 in

Cr.R.C.No.137 of 2018 batch cases [P.Sathish @ Sathis Kumar Vs State

Rep by The Inspector of Police, Law and Order, H-4 Korukkupet Police

Station, Chennai], wherein, this Court relied on the judgement of the

Hon'ble Supreme Court reported in (1982) 1 SCC 71 [Gulam Abbas Vs State

of Uttar Pradesh]. In paragraph 80 (e) of the said order dated 13.03.2023, it

has been held as follows:-

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Crl.R.C.No.617 of 2023

“80 (e) In the light of the law laid down in paragraph 24 of the three judge bench decision of the Supreme Court in Gulam Abbas Vs State of Uttar Pradesh (1982) 1 SCC 71, an Executive Magistrate cannot authorize imprisonment under Section 123(1)(b) for violation of a bond under Section 107 Cr.P.C. A person who has violated the bond executed before the Executive Magistrate under the said provision will have to be challenged or prosecuted before the Judicial Magistrate for inquiry and punishment under Section 122(1)(b)Cr.P.C”

6.In the light of the above, the 1st respondent is not competent authority

to impose any punishment under Section 122(1)(b)Cr.P.C. Therefore, the

impugned order passed by the 1st respondent is set aside and the Criminal

Revision Case is allowed. Consequently, connected miscellaneous petition

is closed.

03.04.2023

srn

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Crl.R.C.No.617 of 2023

1. The Sub Collector, Subordinate Administrative Magistrate, Tindivanam, Villupuram – 604 301.

2. The Inspector of Police, Brammadesam Police Station, Tindivanam

3. The Superintendent of Prison, Central Jail, Villupuram.