S.Sibi Harish vs The Second-Class Administrative ...
2023 Latest Caselaw 5012 Mad

Citation : 2023 Latest Caselaw 5012 Mad
Judgement Date : 4 May, 2023

Madras High Court

S.Sibi Harish vs The Second-Class Administrative ... on 4 May, 2023

                                                                            Crl.RC.No.860 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.05.2023

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                Crl.R.C.No.860 of 2023
                                                         and
                                                Crl.M.P.No.6624 of 2023

                     S.Sibi Harish                                                ... Petitioner

                                                           Vs.

                     1.The Second-Class Administrative Magistrate-cum-
                       Revenue Tahsildar,
                       Bhavani, Erode District.

                     2.State rep. by
                       The Inspector of Police,
                       Bhavani Police Station,
                       Erode District.                                          ... Respondents

                     Prayer:- Criminal Revision Petition filed under Section 397 r/w 401
                     Cr.P.C. to set aside the order in Na.Ka.No.2013/2023/Aa3 vide an order
                     dated 26.04.2023 on the file of the 1st respondent and to allow the above
                     Criminal Revision Case.
                                   For Petitioner      : Mr.N.Arun Kumar
                                   For Respondents     : Mr.V.Meganathan,
                                                        Government Advocate (Crl. Side)

                     Page 1 of 7

https://www.mhc.tn.gov.in/judis
                                                                            Crl.RC.No.860 of 2023

                                                      ORDER

This Revision has been filed challenging the order passed in

Na.Ka.No.2013/2023/Aa3 vide an order dated 26.04.2023 on the file of

the 1st respondent, thereby detained the petitioner for the remaining bond

period under Section 122(1)(b) of Cr.P.C.

2. The learned counsel for the petitioner would submit that

after executing a bond under section 109 of Cr.P.C., for maintaining

good behaviour for one year, a case has been registered against the

petitioner in Cr.No.293 of 2023 on 12.04.2023 for the offence under

sections 8(c), 20(b)(ii)(B) of NDPS Act. Since the petitioner violated the

bond condition, based on a complaint given by the 2nd respondent, the

1st respondent, proceeded against the petitioner and remanded the

petitioner to prison by his proceedings under section 122(1)(b) of Cr.P.C.

in Na.Ka.No.2013/2023/Aa3 vide an order dated 26.04.2023 to undergo

imprisonment until 11.10.2023.

https://www.mhc.tn.gov.in/judis Crl.RC.No.860 of 2023

3. He further submitted that 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], the

impugned order passed by the 1st respondent is unsustainable,

Therefore, he seeks to set aside the impugned order passed by the 1st

respondent.

4.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.

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

learned counsel for the petitioner and the respondents.

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

that since the petitioner has violated the bond executed under Section

109 Cr.P.C, the 1st respondent proceeded against him under Section

https://www.mhc.tn.gov.in/judis Crl.RC.No.860 of 2023

122(1)(b) Cr.P.C and remanded him to undergo imprisonment till

11.10.2023.

7. It is relevant to note that in the common judgment passed by

a 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:~

“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

https://www.mhc.tn.gov.in/judis Crl.RC.No.860 of 2023

or prosecuted before the Judicial Magistrate for inquiry and punishment under Section 122(1)(b)Cr.P.C”

8.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, dated 26.04.2023 passed by the 1st

respondent is set aside and the Criminal Revision Case is allowed.

Consequently, connected miscellaneous petition is closed.

04.05.2023 Index:Yes/No Internet:Yes/No dsa/jv

https://www.mhc.tn.gov.in/judis Crl.RC.No.860 of 2023

1. The Second-Class Administrative Magistrate-cum- Revenue Tahsildar, Bhavani, Erode District.

2.The Inspector of Police, Bhavani Police Station, Erode District.

3. The Superintendent, Central Prison, Coimbatore.