Steepanraj vs The State Represented By on 4 September, 2023

[Cites 14, Cited by 0]

Madras High Court

Steepanraj vs The State Represented By on 4 September, 2023

Bench: R. Hemalatha

                                                                                Crl.R.C.No.1527 of 2023
                                                                           and Crl.M.P.No.13839 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.09.2023

                                                         CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                                Crl.R.C.No.1527 of 2023
                                              and Crl.M.P.No.13839 of 2023

                     Steepanraj                                                 ... Petitioner
                                                             Vs.
                     1.The State represented by
                     The Sub Divisional Executive Magistrate
                     and Revenue Divisional Officer,
                     Thiruvannamalai District,
                     Thiruvannamalai.

                     2.The Inspector of Police,
                     Thiruvannamalai Town Police Station,
                     Thiruvannamalai District.                                  ... Respondents

                     Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal
                     Procedure Code 1973 to call for the records pertaining of proceedings in
                     Na.Ka.No.A4/5188/2023           dated   10.08.2023   passed    by    the    first
                     respondent.

                                   For Petitioner      : Mr.D.Balaji
                                   For Respondents     : Mr.R.Vinothraja, GA (Crl.side)




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                  Crl.R.C.No.1527 of 2023
                                                                             and Crl.M.P.No.13839 of 2023




                                                       ORDER

Challenging the orders dated 10.08.2023 in Na.Ka.No.A4/5188/2023 passed by the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Thiruvannamalai District, the present revision is filed.

2. The first respondent had initiated proceedings against the petitioner u/s.110 Cr.P.C. and directed him to execute a bond under Section 122 Cr.P.C. for good behaviour on 29.12.2022 for a sum of Rs.10,000/- for a period of one year. Subsequently, on 14.06.2023, a case was registered against the present revision petitioner in Crime No.291/2023 of Thiruvannamalai Town Police Station, Thiruvannamalai District for the offences punishable u/s.147, 148, 294(b), 324, 341, 427, 506(ii) IPC. Since the revision petitioner violated the condition of the bond which he executed u/s.122 Cr.P.C, the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Thiruvannamalai District initiated proceedings u/s.122(1)(b) Cr.P.C. and remanded the petitioner Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1527 of 2023 and Crl.M.P.No.13839 of 2023 to undergo imprisonment until the expiry of the period of bond.

3. A Division Bench of this Court in Crl.R.C.No.137/2018 batch cases dated 13.03.2023 [P.Sathish @ Sathis Kumar Vs. State Rep. by the Inspector of Police, Law and Order, H-4, Korukkupet Police Station, Chennai, relied on the judgement of the Hon'ble Supreme Court reported in (1982) 1 SCC 71 [Gulam Abbas Vs State of Uttar Pradesh]. In paragraph 80 (e) of the said order dated 21.06.2023, it has been held as follows:-

"80 (e) In the light of the law laid down in paragraph 24 of the three judge bench decision of the Supreme Court in Gulam Abbas Vs State of Uttar Pradesh (1982) 1 SCC 71, an Executive Magistrate cannot authorize imprisonment under Section 123(1)(b) for violation of a bond under Section 107 Cr.P.C. A person who has violated the bond executed before the Executive Magistrate under the said provision will have to be challenged or prosecuted before the Judicial Magistrate for inquiry and punishment under Section 122(1)(b)Cr.P.C?"

Page 3 of 6

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1527 of 2023 and Crl.M.P.No.13839 of 2023 Thus it is very clear from the decision of the Division Bench of this Court that the first respondent is not the competent authority to impose any punishment u/s.122(1)(b) Cr.P.C. Therefore, the impugned order passed by the first respondent is liable to be set aside.

4. With the above observations, the present Criminal Revision is allowed. Consequently, connected Criminal Miscellaneous Petition is closed. The orders dated 10.08.2023 in Na.Ka.No.A4/5188/2023 passed by the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Thiruvannamalai District, is set aside.

04.09.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1527 of 2023 and Crl.M.P.No.13839 of 2023 To

1.The State represented by The Sub Divisional Executive Magistrate and Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

Page 5 of 6

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1527 of 2023 and Crl.M.P.No.13839 of 2023 R. HEMALATHA, J.

mtl Crl.R.C.No.1527 of 2023 and Crl.M.P.No.13839 of 2023 04.09.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis

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