Madras High Court
Mr. A. Mujibur Rahman vs The Sub Inspector Of Police on 6 July, 2023
Author: V. Sivagnanam
Bench: V. Sivagnanam
Crl.O.P.No.18749 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023
CORAM
THE HONOURABLE MR. JUSTICE V. SIVAGNANAM
Crl.O.P.No.18749 of 2021
&
Crl.M.P.No.10313 of 2021
Mr. A. Mujibur Rahman ... Petitioner
Vs
1. The Sub Inspector of Police,
Town Police Station,
Karaikal vide IR.No.01/2021
2. The Sub-Divisional Magistrate,
Karaikal Taluk Office,
Karaikal 609 602.
3. Mr. Kanagasekaran, ... Respondents
Prayer: Criminal Original Petition filed under section 482 of Cr.P.C., to call for
and examine the entire records relating to and connected with the proceedings in
M.C.No.38 of 2021 on the file of the Sub-Divisional Magistrate at Karaikal, the
2nd respondent herein and to quash the same.
For Petitioner : Mr.A. Abdul Kader
For Respondents : Mr.M.V.Ramachandra Moorthy,
Addl. Public Prosecutor (Pondy) R1 and R2
assisted by Mr.A Alexander
Mr.S.P. Vijayaraghavan for R3
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18749 of 2021
ORDER
This Criminal Original Petition has been filed to call for and examine the entire records relating to and connected with the proceedings in M.C.No.38 of 2021 on the file of the Sub-Divisional Magistrate at Karaikal, the 2 nd respondent herein and to quash the same.
2. The learned counsel for the petitioner submitted that in the proceedings initiated by the 2nd respondent viz., the Sub Divisional Magistrate Karaikal, the petitioner is the 'B' party and 3rd respondent is the 'A' party. On account of dispute between the petitioner and the 3rd respondent, who are adjacent land owners, with regard to putting up of construction obstructing the way and view of the school run by the 3rd respondent, a complaint was given by 3rd respondent against the petitioner herein before the 1st respondent viz., the Sub Inspector of Police Town Station Karaikal and yielding to the pressure exerted by the 3 rd respondent, the 1st respondent initiated aaction against the petitioner. At the instance of the 1st respondent, the 2nd respondent vide his proceedings in IR.No.01/2021 in M.C.No.38 of 2021 dated 29.12.2021, issued a show cause notice/preliminary order to the petitioner under section 107 of Cr.P.C., 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18749 of 2021 r/w.Sections 111, 117 and 116 of Cr.P.C., as to why he should not be ordered to execute a bond for Rs.1,00,000/- with one surety for equal sum for keeping peace for a period of one year or till the date of completion of enquiry.
3. He further submitted that the 2nd respondent without considering the fact that a civil suit was already pending between the petitioner and the 3 rd respondent in O.S.No.440 of 2020 before the District Munsiff of Karaikal, has proceeded to issue the notice purportedely without affording an opportunity to the petitioner to offer his expplanation, directing the petitioner to execute a bond for Rs.1,00,000/- with a surety for a like sum, without conforming to the requirements of the provisions of Section 107 Cr.P.C. The proceedings of the 2nd respondent which is based on the complaint of the 1st respondent herein are one sided, beset with material irregularities and illegalities. Hence, he prayed for setting aside the same.
4. The learned Govt. Advocate (crl.side) submitted that the order impugned herein, is only a show cause notice issued under section 111 of Cr.P.C. While conducting enquiry, the petitioner may express his grievance 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18749 of 2021 before the competent authority before passing orders. Therefore, in the circumstances, at this stage, issuance of impugned show cause notice is not being an illegal one. Stating so, he pleaded for dismissal of this Criminal Original petition.
5. On perusal of impugned show cause notice, it is noticed that the second respondent in pursuance of the information given by the Sub Inspector of Police, Town Police Station, Karaikal, vide IR.No.10 of 2021, dated 29.12.2021 under section 107 Cr.P.C., the second respondent initiated proceedings and issued show cause notice under section 107 of Cr.P.C., r/w.111, 117, 116 of Cr.P.C, after satisfying with the information given by the 1st respondentand directed requirement of a person executing bond for keeping peace till completion of enquiry. Thereafter, it appears that the matter would be decided by the 2 nd respondent after conducting enquriy upon all the parties. Hence, at this stage, this court is of the view that there is no violation of issuance of show cause notice under section 111 of Cr.P.C., r/w.section 111, 116 and 117 Cr.P.C., and the same is in order. In view of the above, this Criminal Original Petition is dismissed. The connected miscellaneous petition is closed. The parties may 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18749 of 2021 apear before the 2nd respondent to represent their case.
06.07.2023 msr Index:Yes/no Internet:Yes/no To
1. The Sub Inspector of Police, Town Police Station, Karaikal.
2. The Sub-Divisional Magistrate, Karaikal Taluk Office, Karaikal 609 602.
3. The Public Prosecutor, High Court, Madras.
V. SIVAGNANAM, J.
5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18749 of 2021 msr Crl.O.P.No.18749 of 2021 & Crl.M.P.No.10313 of 2021 06.07.2023 6/6 https://www.mhc.tn.gov.in/judis