Madras High Court
Balaji vs The Sub Divisional Magistrate on 18 August, 2023
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
Balaji ... Petitioner
Vs.
1. The Sub Divisional Magistrate
cum Revenue Divisional Officer,
Thiruvallur,
Thiruvallur District.
2. The Inspector of Police,
C1, Uthukottai Police Station,
Thiruvallur District. ... Respondents
Prayer : Criminal Revision filed under Section 397 & 401 of Criminal
Procedure Code 1973, to set aside the order passed in
Na.Ka.No.1777/2022/A7, dated 31.03.2023 on the file of the first
respondent.
For Petitioner : Mr.M.P.Saravanan
For Respondents : Mr.R.Vinothraja, GA (Crl.side)
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
ORDER
The present criminal revision is filed seeking to set aside the
order dated 31.03.2023 passed by the 1st respondent / Sub Divisional
Magistrate cum Revenue Divisional Officer, Thiruvallur Sub-Division,
Thiruvallur, Thiruvallur District u/s.122(1)(b) r/w. 111 and 117 of
Cr.P.C., in Na.Ka.No.1777/2022/A7.
2. The learned counsel for the petitioner would submit that the
first respondent had initiated proceedings against the petitioner u/s.110
Cr.P.C. and directed him to execute a bond for good behaviour on
02.01.2023 for a period of one year. Subsequently, a criminal case was
registered against the petitioner in Crime No.100/2023 of C1 Uthukottai
Police Station for the offences punishable under Sections 457, 380 I.P.C.
on 26.02.2023.
3. Since the revision petitioner violated the condition of the
bond which was executed u/s.110 Cr.P.C, the Sub Divisional Magistrate
cum Revenue Divisional Officer, Thiruvallur initiated proceedings
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
u/s.122(1)(b) r/w. 111 and 117 of Cr.P.C., and remanded the petitioner to
undergo imprisonment until the expiry of the period of bond.
4. A Division Bench of this Court in Crl.R.C.No.137/2018
batch cases dated 13.03.2023 [P.Sathish @ Sathis Kumar Vs. State
Rep. by the Inspector of Police, Law and Order, H-4, Korukkupet
Police Station, Chennai, relied on the judgment 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 21.06.2023, it has
been held as follows:-
"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
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
challenged or prosecuted before the Judicial Magistrate
for inquiry and punishment under Section
122(1)(b)Cr.P.C?"
Thus it is very clear from the decision of the Division Bench of
this Court that the first respondent is not the competent authority to
impose any punishment u/s.122(1)(b) Cr.P.C. Therefore, the impugned
order passed by the first respondent is liable to be set aside.
5. With the above observations, the present Criminal Revision
is allowed and the order dated 31.03.2023 in Na.Ka.No.1777/2022/A7 on
the file of the learned Sub Divisional Magistrate cum Revenue Divisional
Officer, Thiruvallur is set aside. Consequently, connected Criminal
Miscellaneous Petition is closed.
18.08.2023
Index: Yes/No
Speaking/Non-Speaking order
vum
Note: Issue order copy on 21.08.2023
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
To
1. The Sub Divisional Magistrate
cum Revenue Divisional Officer,
Thiruvallur.
2. The Inspector of Police,
C1, Uthukottai Police Station,
Thiruvallur District.
3. The Superintendent of Police,
Central Prison, Puzhal, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
R. HEMALATHA, J.
vum
Crl.R.C.No.1449 of 2023
and Crl.M.P.No.12641 of 2023
18.08.2023
https://www.mhc.tn.gov.in/judis
