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2023 Supreme(Online)(MAD) 41182
MADRAS HIGH COURT
Honourable Mr Justice K.MURALI SHANKAR
2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023 CORAM: THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Crl.O.P.(MD) No.608
P.(MD) No.608
Proceedings initiated under Section 107 of the CrPC must be based on a valid reference to a case that is connected to the person against whom the proceedings are initiated.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 107 - QUASHING OF PROCEEDINGS - PROCEEDINGS QUASHED DUE TO INCORRECT REFERENCE TO A CASE NOT CONNECTED TO THE PETITIONER - COURT DIRECTED THE ISSUANCE OF A FRESH NOTICE WITH CORRECT PARTICULARS.
Fact of the Case:
The petitioner filed a criminal original petition to quash proceedings initiated against them under Section 107 of the Criminal Procedure Code (CrPC). The petitioner argued that the impugned notice referred to a case that was not connected to them.
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 agreed to issue a fresh notice with the correct particulars.
Issues: Whether the proceedings initiated against the petitioner under Section 107 of the CrPC were valid.
Ratio Decidendi: The court held that the proceedings were not valid because the impugned notice referred to a case that was not connected to the petitioner. The court also directed the first respondent to issue a fresh notice with the correct particulars.
Final Decision: The court quashed the impugned notice and directed the first respondent to issue a fresh notice with the correct particulars.
Crl.O.P.(MD) No.608 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD) No.608 of 2023
and
Crl.M.P.(MD) Nos.536 and 538 of 2023
Muthulakshmi,
: 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.15 of 2022
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for records pertaining to the 107 Cr.P.C. proceedings in m1-
vk;/rp/312/2022(107) dated 16.12.2022 initiated by the first respondent and
quash the same as illegal.
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Crl.O.P.(MD) No.608 of 2023
For Petitioner
: Mr.T.Indrachithu
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
This criminal original petition has been filed seeking to quash the
proceedings in m1-vk;/rp/312/2022(107) dated 16.12.2022 initiated by the
first respondent.
2. The learned counsel appearing for the petitioner would submit that in
the impugned notice, the first respondent has referred the case in Crime No.15
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.15 of 2022, was registered on 14.01.2022, for the offence
under Section 4(1)(i) of Tamil Nadu Prohibition Act against one Gurusamy.
3. The learned Additional Public Prosecutor appearing for the
respondents 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.608 of 2023
4. Recording the said submission made by the learned Additional Public
Prosecutor, the impugned notice in m1-vk;/rp/312/2022(107) initiated by the
first respondent is hereby quashed. The first respondent is directed to issue
fresh notice incorporating the correct particulars to the accused.
5. With the above direction, the Criminal Original Petition is disposed
of. Consequently, connected Miscellaneous Petitions are closed.
11.01.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
lr
To
1. The Revenue Divisional Officer
Cum Executive Magistrate,
Sankarankovil, Tenkasi District
2. The Inspector of Police,
Karivalamvanthanallur Police Station,
Tenkasi District.
3. The Additional Public Prosecutor,
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Crl.O.P.(MD) No.608 of 2023
Madurai Bench of Madras High Court,
Madurai.
K.MURALI SHANKAR
, J.
lr
Crl.O.P.(MD) No.608 of 2023
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Crl.O.P.(MD) No.608 of 2023
11.01.2023
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