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2023 Supreme(Online)(MAD) 32013
MADRAS HIGH COURT
Honourable Mr Justice K.MURALI SHANKAR
Manojkumar – Appellant
Versus
The Revenue Divisional Officer cum Executive Magistrate – Respondent
CRL OP(MD)/60/2023
A notice under Section 107 Cr.P.C. must be specific and accurate in order to be valid.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 107 - QUASHING OF PROCEEDINGS - WRONG CASE REFERENCE - ERROR IN NOTICE - SECTION 482 CR.P.C.
Fact of the Case:
The petitioner filed a Criminal Original Petition under Section 482 of the Criminal Procedure Code, seeking to quash the proceedings initiated against him under Section 107 Cr.P.C. The petitioner argued that the impugned notice referred to a case that was not connected to him.
Finding of the Court:
The court found that the impugned notice did indeed refer to a case that was not connected to the petitioner. The court also noted that the first respondent had acknowledged the error and agreed to issue a fresh summons incorporating the correct particulars.
Issues: Whether the impugned notice was valid despite referring to an incorrect case.
Ratio Decidendi: The court held that the impugned notice was invalid due to the error in reference to the case. The court relied on the principle that a notice under Section 107 Cr.P.C. must be specific and accurate in order to be valid.
Final Decision: The court quashed the impugned notice and directed the first respondent to issue a fresh summons incorporating the correct particulars.
Crl.O.P.(MD)No.60 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.60 of 2023
and
Crl.M.P.(MD)Nos.63 and 65 of 2023
Manojkumar
: Petitioner
Vs.
1.The Revenue Divisional Officer cum
Executive Magistrate,
Sankarankovil, Tenkasi District.
2.The Inspector of Police,
Karivalamvanthanallur Police Station,
Tenkasi District.
Crime No.17 of 2022
: Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records pertaining to the 107 Cr.P.C
proceedings in m1/vk;.rp.314/2022 (107), dated 16.12.2022 initiated by the
first respondent and quash the same as illegal.
For Petitioner
: Mr.T.Indrachithu,
For Respondents : Mr.M.Muthu Manikkam,
Government Advocate (Crl.Side)
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Crl.O.P.(MD)No.60 of 2023
ORDER
This Criminal Original Petition filed, invoking Section 482 Cr.P.C.,
seeking orders to call for the records pertaining to the 107 Cr.P.C proceedings
in m1/vk;.rp.314/2022 (107), dated 16.12.2022 initiated by the first respondent
and quash the same as illegal.
2. The learned counsel for the petitioner would submit that in the
impugned notice, the first respondent has referred the case in Crime No.17 of
2022 on the file of the Karivalamvanthanallur Police Station, under Section
107 Cr.P.C, dated 23.11.2022, pending against the petitioner herein. But, the
case in Crime No.17 of 2022, was registered on 14.01.2022, for the offence
under Section 4(1)(i) of Tamil Nadu Prohibition of Act against one Ragupathi.
3. The learned Government Advocate (Criminal Side) appearing for the
State would submit that the case referred in the impugned notice, is not
connected with the present petitioner and that the first respondent may be
directed to issue fresh summons.
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Crl.O.P.(MD)No.60 of 2023
4. Recording the said submission made by the learned Government
Advocate (Criminal Side), the impugned notice, dated 09.12.2012, is hereby
quashed. The petitioner is at liberty to issue fresh notice incorporating the
correct particulars, pending against the accused.
5. In the result, the Criminal Original Petition is disposed of.
Consequently, connected Miscellaneous Petitions are closed.
04.01.2023
NCC :Yes/No
Index : Yes / No
Internet : Yes / No
das
To
1.The Revenue Divisinal Officer cum
Executive Magistrate,
Sankarankovil, Tenkasi District.
2.The Inspector of Police,
Karivalamvanthanallur Police Station,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.60 of 2023
K.MURALI SHANKAR,J.
das
Crl.O.P.(MD)No.60 of 2023
and
Crl.M.P.(MD)Nos.63 and 65 of 2023
Dated: 04.01.2023
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https://www.mhc.tn.gov.in/judis
