Vishnu vs The Executive Magistrate Cum
2023 Latest Caselaw 12412 Mad

Citation : 2023 Latest Caselaw 12412 Mad
Judgement Date : 13 September, 2023

Madras High Court

Vishnu vs The Executive Magistrate Cum on 13 September, 2023

                                                                                 Crl.R.C.No.1562 of 2023
                                                                            and Crl.M.P.No.14357 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 13.09.2023

                                                      CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                             Crl.R.C.No.1562 of 2023
                                           and Crl.M.P.No.14357 of 2023

                     Vishnu                                                      ... Petitioner
                                                           Vs.

                     1.The Executive Magistrate cum
                        Deputy Commissioner of Police, south,
                       Coimbatore City.

                     2.The State rep. by
                       the Inspector of Police,
                       T4, Kuniyamuthur Law and Order Police Station,
                       Coimbatore City.                                          ... Respondents

                     Prayer : Criminal Revision filed under Section 397 & 401 of Criminal
                     Procedure Code 1973, to call for the records and to set aside the orders
                     made in Na.Ka.No.126/Nir.Se.Nadu/Kaa.Thu.Aa/(South)Ko.Ma/2023
                     dated 24.01.2023 on the file of the 1st respondent/ learned Executive
                     Magistrate cum Deputy Commissioner of Police, South, Coimbatore.

                                          For Petitioner         : Mr.S.Senthilvel
                                          For Respondents        : Mr.S.Sugendran,
                                                                 Additional Public Prosecutor



                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No.1562 of 2023
                                                                            and Crl.M.P.No.14357 of 2023


                                                        ORDER

The present criminal revision petition is filed seeking to set

aside the order dated 24.01.2023 passed by the learned Executive

Magistrate cum Deputy Commissioner of Police, South, Coimbatore u/s.

122 (1) (b) Cr.P.C. in Na.Ka.No. 126/ Nir.Se.Nadu /Kaa.Thu.Aa /(South)

Ko.Ma/2023.

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 24.12.2022 for a period of one year. Subsequently, a

criminal case was registered against the revision petitioner in Crime

No.16/2023 of T4 Kuniyamuthur Police Station, Coimbatore District for

the offences punishable under Sections 294(b), 324, 506(ii) I.P.C., dated

26.12.2022.

3. Since the revision petitioner violated the conditions of the

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

cum Deputy Commissioner of Police south, Coimbatore

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1562 of 2023 and Crl.M.P.No.14357 of 2023

District initiated proceedings u/s.122(1)(b) Cr.P.C. 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, relying on the judgment of the Hon'ble Supreme

Court reported in (1982) 1 SCC 71 [Gulam Abbas Vs State of Uttar

Pradesh] held in paragraph 80 (e) thus:-

"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.1562 of 2023 and Crl.M.P.No.14357 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 24.01.2023 in

Na.Ka.No.126/Nir.Se.Nadu/Kaa.Thu.Aa/(South) Ko.Ma/2023 on the file

of the learned Executive Magistrate cum Deputy Commissioner of Police

south, Coimbatore District is set aside. Consequently, connected Criminal

Miscellaneous Petition is closed.

13.09.2023

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