Anthonyraj vs The Taluk Administrative ...
2023 Latest Caselaw 12106 Mad

Citation : 2023 Latest Caselaw 12106 Mad
Judgement Date : 8 September, 2023

Madras High Court

Anthonyraj vs The Taluk Administrative ... on 8 September, 2023

                                                                                 Crl.R.C.No.1546 of 2023
                                                                            and Crl.M.P.No.14154 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 08.09.2023

                                                      CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                             Crl.R.C.No.1546 of 2023
                                           and Crl.M.P.No.14154 of 2023

                     Anthonyraj                                                  ... Petitioner
                                                           Vs.

                     1.The Taluk Administrative Magistrate cum Tahsildar,
                       Perur Taluk,
                       Coimbatore District.

                     2.The State rep. by
                       the Inspector of Police,
                       Alandurai Police Station,
                       Coimbatore District.                                      ... Respondents


                     Prayer : Criminal Revision filed under Section 397 & 401 of Criminal
                     Procedure Code 1973, to set aside the order made in
                     Na.Ka.No.79/2023/A2 dated 05.07.2023 on the file of the 1st respondent/
                     learned Taluk Administrative Magistrate cum Tahsildar, Perur Taluk,
                     Coimbatore District.

                                          For Petitioner         : Mr.N.Arun kumar
                                          For Respondents        : Mr.R.Vinothraja,
                                                                 Government Advocate (Crl.side)


                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                   Crl.R.C.No.1546 of 2023
                                                                              and Crl.M.P.No.14154 of 2023




                                                         ORDER

The present criminal revision petition is filed seeking to set

aside the order dated 05.07.2023 passed by the learned Taluk

Administrative Magistrate cum Tahsildar, Perur Taluk, Coimbatore

District u/s.122(1)(b) Cr.P.C. in Na.Ka.No.79/2023/A2.

2. 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 10.10.2022 for a period of one year. Subsequently,a

criminal case was registered against the revision petitioner in Crime

No.51/2023 of Alandurai Police Station, Coimbatore District for the

offences punishable under Sections 392 Cr.P.C., dated 01.05.2023.

3. Since the revision petitioner violated the conditions of the

bond which he executed u/s.110 Cr.P.C, the learned Taluk

Administrative Magistrate cum Tahsildar, Perur Taluk, Coimbatore

District initiated proceedings u/s.122(1)(b) Cr.P.C. and remanded the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1546 of 2023 and Crl.M.P.No.14154 of 2023

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 challenged or prosecuted before the Judicial Magistrate for inquiry and punishment under Section

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1546 of 2023 and Crl.M.P.No.14154 of 2023

122(1)(b)Cr.P.C?"

5. 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.

6. With the above observations, the present Criminal Revision

is allowed and the order dated 05.07.2023 in Na.Ka.No.79/2023/A2 on

the file of the learned Taluk Administrative Magistrate cum Tahsildar,

Perur Taluk, Coimbatore District is set aside. Consequently, connected

Criminal Miscellaneous Petition is closed.

08.09.2023

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

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1546 of 2023 and Crl.M.P.No.14154 of 2023