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2023 Supreme(Mad) 197

G. CHANDRASEKHARAN
E. Krishnamoorthy – Appellant
Versus
Revenue Divisional Officer, Thirutani, Tiruvallur District – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Manoharan for Mr. P. Krishnan.
For the Respondents: Mr. S. Santhosh.

ORDER :

[COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C. praying to quash the impugned summons dated 30.11.2022 in Na.Ka.No.3020/2021/A1 and Na.Ka.No.1893/2021/A1 respectively issued by the 1st respondent.]

1. These Criminal Original Petitions have been filed to quash the impugned summons dated 30.11.2022, in Na.Ka.No.3020/2021/A1 and Na.Ka.No.1893/2021/A1 respectively, issued by the first respondent.

2. The learned counsel for the petitioners challenged the summons dated 30.11.2022, issued in Na.Ka.No.3020/2021/A1 and Na.Ka.No.1893/2021/A1 respectively, on the following two grounds.

    (a) Section 110 Cr.P.C. can be invoked only against habitual offenders.

(b) The show cause notices does not confirm to the requirements under Section 111 Cr.P.C.

He further relied on the judgment reported in 1980 (Supp) Supreme Court Cases 649 (Gopalanachari Vs. State of Kerala) for the proposition that the personal liberty of a person cannot be put up to struggle under section 110 Cr.P.C. unless it is justified. In paragraph 6 of the judgment, it is observed as follows:

    6. ................The constitutional survival of Section 110 depends on its obedience to Article 21, as this C

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