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2025 Supreme(Online)(MAD) 2174
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR, J.
Dhinesh - Appellant
Versus
The II Class Executive Magistrate and Tahsildar - Respondent
Crl.R.C.(MD)No.864 of 2024, Crl.O.P.(MD)Nos.13186, 14018, 14638, 15206, 15209, 15222, 15297, 15625, 17246, 17472, 17514, 17535,17856 and 18760 of 2024 and Crl.M.P.(MD)Nos.9519, 8098, 8676, 9137, 9514, 9515, 9520, 9584, 9796, 9801, 10784, 10864, 10919, 10920, 10938, 11026 and 11635 of 2024
Decided on : 03-01-2025
Advocate Appeared :
For the Petitioner : Mr.D.Venkatesh
For the Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
Advocate Appeared:
For the Appellant : Mr.D.Venkatesh
For the Respondent: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
Executive Magistrate must provide substantial information in orders to ensure compliance with legal standards and due process in issuing summons.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 126, 129, 130, and 132 - Code of Criminal Procedure - Sections 107, 111, and 113 - Criminal proceedings initiated against habitual offenders - Executive Magistrate failed to provide necessary particulars in summons/orders, including case details and reasons for action - Court emphasized that orders must disclose substance of information received and procedural compliance is essential. (Paras 18, 30, 40)
(B) Judicial Review - The High Court can quash orders if they do not meet minimum legal requirements or if procedural deficiencies exist. (Paras 22, 28)
Facts of the case:
The petitioner challenged multiple summons issued by the Executive Magistrate under various sections of BNSS/CrPC, arguing that the orders lacked necessary particulars and were not compliant with statutory requirements.
Findings of Court:
The court found that the orders issued by the Executive Magistrate were legally unsustainable due to non-compliance with procedural requirements and lack of substantive information.
Issues: The main issues included whether the Executive Magistrate provided adequate details in the summons and whether proper procedures were followed in initiating actions against the petitioners.
Ratio Decidendi: The court held that the Executive Magistrate must provide substantial information in orders to ensure compliance with legal standards, emphasizing the necessity of following due process in issuing summons.
Result: The Criminal Revision Petition and Criminal Original Petitions are allowed; the impugned summons are set aside.
ORDER :
K.MURALI SHANKAR, J.
Crl.R.C.(MD)No.864 of 2024 - This Criminal Revision Petition is directed against the proceedings in M.C.No.57 of 2024 dated 16.08.2024 on the file of the first respondent under Sections 136 BNSS r/w 129 , consequent to the requisition made in LIR No.32 of 2024 dated 06.08.2024 by the second respondent for initiating action under Section 129 .
2. Crl.O.P.(MD)No.13186 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.70 of 2024 dated 13.03.2024 on the file of the first respondent, consequent to the requisition made in LIR No.15 of 2024 dated 03.03.2024 by the second respondent for initiating action under Section 110 CrPC.
3. Crl.O.P.(MD)No.14018 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.(A3)376/4607/2024 dated 08.08.2024 on the file of the first respondent, consequent to the letter dated 08.08.2024 sent by the second respondent for initiating action under Section 129 BNSS .
4. Crl.O.P.(MD)No.14638 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.251 of 2024 dated 09.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.53 of 2024 dated 28.06.2024 by the second respondent for initiating action under Section 129 BNSS .
5. Crl.O.P.(MD)No.15206 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.(A3)429/5366/2024 dated 28.08.2024 on the file of the first respondent, consequent to the letter dated 27.08.2024 sent by the second respondent for initiating action under Section 129 BNSS .
6. Crl.O.P.(MD)No.15209 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.264 of 2024 dated 21.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.12 of 2024 dated 13.08.2024 by the second respondent for initiating action under Section 129 BNSS .
7. Crl.O.P.(MD)No.15222 of 2024 - This Criminal Original Petition is directed against the summons issued in Case No.A3/MC/110/2024 dated 03.09.2024 on the file of the first respondent, consequent to the requisition made in LIR No.33 of 2024 by the second respondent for initiating action under Section 129 BNSS .
8. Crl.O.P.(MD)No.15297 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.268 of 2024 dated 21.08.2024 on the file of the first respondent, consequent to the requisition made in LIR No.16 of 2024 dated 13.08.2024 by the second respondent for initiating action under Section 129 BNSS .
9. Crl.O.P.(MD)No.15625 of 2024 - This Criminal Original Petition is directed against the show cause notice issued in A1/ BNSS .129/209/2024 dated 19.08.2024 on the file of the first respondent for initiating action under Section 129 .
10. Crl.O.P.(MD)No.17246 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.55 of 2024 dated 25.09.2024 on the file of the first respondent, consequent to the requisition made in LIR No.21 of 2024 by the second respondent for initiating action under Section 128 BNSS .
11. Crl.O.P.(MD)No.17472 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.03 of 2024 dated 19.09.2024 on the file of the first respondent, consequent to the letter sent by the second respondent for initiating action under Section 126 BNSS .
12. Crl.O.P.(MD)No.17514 of 2024 - This Criminal Original Petition is directed against the enquiry notice issued in M.C.No.A1/558/2024 dated 18.09.2024 on the file of the first respondent, consequent to the requisition made in LIR No.17 of 2024 dated 01.04.2024 by the second respondent for initiating action under Section 107 CrPC.
13. Crl.O.P.(MD)No.17535 of 2024 - This Criminal Original Petition is directed against the summons issued in M.C.No.22 of 2024 dated 01.04.2024 on the file of the first respondent, consequent to the letter sent by the second respondent for initi
