Amudha vs First Class Executive Magistrate
2023 Latest Caselaw 9344 Mad

Citation : 2023 Latest Caselaw 9344 Mad
Judgement Date : 1 August, 2023

Madras High Court

Amudha vs First Class Executive Magistrate on 1 August, 2023

                                                                                 Crl.R.C.No.1342 of 2023
                                                                            and Crl.M.P.No.11115 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.08.2023

                                                      CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                             Crl.R.C.No.1342 of 2023
                                           and Crl.M.P.No.11115 of 2023

                     Amudha                                                      ... Petitioner

                                                           Vs.

                     1. First Class executive Magistrate
                         cum Revenue Divisional Officer,
                        Udayarpalayam Sub-Division,
                        Udayarpalayam,
                        Ariyalur District.

                     2. State Rep. by
                        Inspector of Police,
                        Andimadam Police Station,
                        Andimadam, Ariyalur District.                            ... Respondents


                     Prayer : Criminal Revision filed under Section 397 & 401 of Criminal
                     Procedure Code 1973, to set aside the order passed in
                     Na.Ka.A3/1774/2023, dated 28.06.2023 on the file of the first
                     respondent.

                                          For Petitioner         : Mr.M.Rajkumar
                                          For Respondents        : Mr.R.Vinothraja, GA (Crl.side)


                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                    Crl.R.C.No.1342 of 2023
                                                                               and Crl.M.P.No.11115 of 2023


                                                        ORDER

The present criminal revision petition is filed seeking to set

aside the order dated 28.06.2023 passed by the 1st respondent / First

Class executive Magistrate cum Revenue Divisional Officer,

Udayarpalayam Sub-Division, Udayarpalayam, Ariyalur District

u/s.122(1)(b) Cr.P.C. in Na.Ka.A3/1774/2023.

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 her to execute a bond for good behaviour on

16.05.2023 for a sum of Rs.10,000/- for a period of one year.

Subsequently, a criminal case was registered in Crime No.147/2023 of

Andimadam Police Station, Ariyalur for the offences punishable under

Sections 4 (1)(k), 4(1-A) TNP Act, dated 08.06.2023.

3. Since the revision petitioner violated the condition of the

bond which was executed u/s.110 Cr.P.C, the First Class executive

Magistrate cum Revenue Divisional Officer, Udayarpalayam Sub-

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1342 of 2023 and Crl.M.P.No.11115 of 2023

Division, Udayarpalayam, Ariyalur District initiated proceedings

u/s.122(1)(b) 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.1342 of 2023 and Crl.M.P.No.11115 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 28.06.2023 in Na.Ka.A3/1774/2023 on

the file of the learned First Class executive Magistrate cum Revenue

Divisional Officer, Udayarpalayam, Ariyalur District is set aside.

Consequently, connected Criminal Miscellaneous Petition is closed.

01.08.2023

Index: Yes/No Speaking/Non-Speaking order vum

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1342 of 2023 and Crl.M.P.No.11115 of 2023