N.Saminathan vs The Learned Administrative
2023 Latest Caselaw 14046 Mad

                                                                            Crl.O.P.(MD) No.17437 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 19.10.2023

                                                     CORAM:

                                  THE HONOURABLE DR.JUSTICE G.ILANGOVAN

                                          Crl.O.P.(MD)No.17437 of 2023
                                                      and
                                     Crl.M.P(MD)Nos. 13847 and 13849 of 2023


                 1.N.Saminathan
                 2.Ulaganathan                                     ...Petitioners / B-Party
                                                       Vs.
                 1.The Learned Administrative
                    Executive Magistrate Cum Tahsildar,
                   Pugalur Taluk,
                   Karur District.

                 2.The State rep. by,
                   The Inspector of Police,
                   Thennilai Police Station,
                   Karur District.                                 ...Respondents / Respondents


                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call
                 for the impugned proceedings bearing Na.Ka.No.A3/2619/2022 dated 12.09.2023
                 on the file of the Learned Administrative Executive Magistrate cum Tahsildar,
                 Pugalur Taluk, Karur District, quash the same as illegal and devoid of merits.



                 1/4

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.17437 of 2023

                                  For Petitioner    :Mr.K.Prabakaran

                                  For Respondent    :Mr.M.Vaikkam Karunanithi
                                                     Government Advocate (Crl. Side)


                                                         ORDER

This Criminal Original Petition is filed to call for the impugned

proceedings bearing Na.Ka.No.A3/2619/2022 dated 12.09.2023 on the file of the

Learned Administrative Executive Magistrate cum Tahsildar, Pugalur Taluk,

Karur District, quash the same as illegal.

2. Learned counsel for the petitioner submitted that challenging the notice

issued under Section 107 of Cr.P.C., this petition is filed, on the ground that there

was no breach of peace or disturbance to the public tranquility. The substance of

the case is also not mentioned in the summons. Without proper application of

mind, proceeding has been initiated under Section 107 of Cr.P.C and summon was

also issued, without applying proper procedure as set out in various judgments.

3. At the time of hearing, learned counsel for the petitioner submitted that

now the temple festival is also over, so the matter has become infructuous.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17437 of 2023

4. Recording the said submission, this Criminal Original Petition is

dismissed as Infructuous. Consequently, connected miscellaneous petitions are

closed.

                                                                          19.10.2023
                 NCC                  : Yes / No
                 Internet             : Yes / No
                 Index                : Yes / No

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                 To

1.The Learned Administrative Executive Magistrate Cum Tahsildar, Pugalur Taluk, Karur District.

2.The Inspector of Police, Thennilai Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17437 of 2023

G.ILANGOVAN. J.

pnn

Crl.O.P.(MD)No.17437 of 2023 and Crl.M.P(MD)Nos. 13847 and 13849 of 2023

19.10.2023

https://www.mhc.tn.gov.in/judis