Navamani vs The Sub-Collector Cum
2023 Latest Caselaw 2882 Mad

Citation : 2023 Latest Caselaw 2882 Mad
Judgement Date : 20 March, 2023

Madras High Court

Navamani vs The Sub-Collector Cum on 20 March, 2023

                                                                                Crl.R.C.No.513 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 20.03.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                             CRL.R.C.NO.513 OF 2023
                                           AND CRL.M.P.NO.3969 OF 2023


                    Navamani                                            ...   Petitioner

                                                           Vs.

                    1.The Sub-Collector cum
                          Sub-Divisional Magistrate
                      Ponneri,
                      Thiruvallur District.

                    2.The State Represented by
                      The Inspector of Police (Law & Order)
                      F-2, Sipcot Police Station,
                      Thiruvallur District.                             ...   Respondents


                    PRAYER: Criminal Revision Case filed under section 397 r/w 401 of
                    Criminal Procedure Code to set aside the order dated 22.02.2023 under
                    Section 122 (1)(b) of Cr.P.C., in Na.Ka.No.12172/2023/B1 in F-2, Sipcot,
                    in M.C.No.146/2022 under Section 110 of Cr.P.C., (on the file of the Sub-
                    Collector cum Sub-Divisional Magistrate, Ponneri Range, Thiruvallur
                    District) to undergo Simple Imprisonment of 3 years.


                                     For Petitioner  ...     Mr.A.Elumalai
                                     For Respondents ...     Mr.R.Vinothraja
                                                             Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.R.C.No.513 of 2023


                                                          ORDER

Challenging the order dated 22.02.2023 passed under Section

122 (1)(b) of Criminal Procedure Code in Na.Ka.No.12172/2023/B1 in

F-2, Sipcot, in M.C.No.146/2022, under Section 110 of Cr.P.C., by the

first respondent, this Criminal Revision is filed by the petitioner.

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

first respondent passed an order vide Proceedings in

Na.Ka.No.12172/2023/B1, dated 22.02.2023, under Section 122(1)(b)

Cr.P.C and remanded the petitioner till 22.11.2025. This impugned order

is unsustainable, in view of the order of the Division Bench of this Court

in P.SATHISH @ SATHISH KUMAR AND OTHERS VS. THE STATE

REP. BY THE INSPECTOR OF POLICE AND OTHERS [CRL.R.C.

NO.137 OF 2018 AND ETC., BATCH CASES, DECIDED ON

13.03.2023]. Therefore, he seeks to set aside the impugned order passed

by the first respondent.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.513 of 2023

3.The learned Government Advocate (Criminal Side)

appearing for the respondents fairly conceded that the first respondent is

not the competent authority to pass an order under Section 122(1)(b)

Cr.P.C.

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 first respondent in pursuance of the complaint given by the second

respondent, Inspector of Police (Law & Order) F-2, Sipcot Police Station,

Thiruvallur District, has proceeded to initiate proceedings against the

petitioner under Section 110 Cr.P.C and directed to execute the bond with

two sureties. Since the petitioner has violated the bond executed before the

Executive Magistrate, the first respondent proceeded against him further

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

22.11.2025. The impugned order dated 22.02.2023 passed under Section

122 (1)(b) of Criminal Procedure Code in Na.Ka.No.12172/2023/B1 in

F-2, Sipcot, in M.C.No.146/2022, is unsustainable, in view of the order of

https://www.mhc.tn.gov.in/judis Crl.R.C.No.513 of 2023

the Division Bench of this Court in P.SATHISH @ SATHISH KUMAR

CASE (cited supra) wherein, in paragraph 80 (e), this Court, relied on a

judgment of the Hon'ble Supreme Court in GULAM ABBAS VS STATE

OF UTTAR PRADESH] [1982) 1 SCC 71] has 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 challenged or prosecuted before the Judicial

Magistrate for inquiry and punishment under

Section 122(1)(b)Cr.P.C”

https://www.mhc.tn.gov.in/judis Crl.R.C.No.513 of 2023

6.In the light of the above, this Court is of the considered

view that the first respondent is not the competent authority to impose any

punishment under Section 122(1)(b)Cr.P.C. Therefore, the impugned order

passed by the first respondent is set aside and the Criminal Revision Case

is allowed. No costs. Consequently, connected miscellaneous petition is

closed.



                                                                                     20.03.2023

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