L.G.Sarath Inigo vs The Executive Magistrate on 15 March, 2019

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Madras High Court

L.G.Sarath Inigo vs The Executive Magistrate on 15 March, 2019

Bench: N.Seshasayee

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 15.03.2019

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                       CRL.O.P.(MD)No.3026 of 2019
                                                   and
                                   Crl.M.P.(MD).Nos.1678 & 1679 of 2019


                      L.G.Sarath Inigo                            : Petitioner / Respondent
                                                    -Vs-
                      1.The Executive Magistrate
                        cum Deputy Commissioner of Police (Law and Order),
                        Tirunelveli City.

                      2.The Inspector of Police,
                        Palayamkottai Police Station, Tirunelveli.
                        (LIR No.04/19)
                      3.Karthika                               : Respondents
                      PRAYER:      Petition is filed under Section 482 of the Criminal
                      Procedure Code, to call for the records pertaining to the proceedings
                      of impugned order in EMC No.11 of 2019, dated 18.02.2019, pending
                      on the file of the first respondent and quash the same.
                               For Petitioner            : Mr.R.Pon Karthikeyan
                               For R1 & R2               : Mr.A.P.G.Ohm Chairma Prabhu
                                                         Government Advocate (Crl. side)
                                                     **********




http://www.judis.nic.in
                                                         2

                                                    ORDER

The present petition now challenges the summon issued under Section 113 Cr.P.C alleging that the learned Executive Magistrate initiated the proceedings against the petitioner under Section 107 Cr.P.C.

2.For the sin of loving the girl from another community, without serving him any notice under Section 111 Cr.P.C. or holding the enquiry under Section 116 Cr.P.C., the learned Executive Magistrate had proceeded to issue the summon under Section 113 Cr.P.C.

3.The learned Government Advocate (Crl. side) concurred that no notice under Section 111 Cr.P.C. has been issued to the petitioner.

4.Since this is a major procedural flaw, the summon now issued under Section 113 Cr.P.C shall necessarily go. Therefore, the proceedings of the impugned order in EMC No.11 of 2019, dated 18.02.2019, is hereby quashed.

http://www.judis.nic.in 3

5.In view of the above, the Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petitions are closed.




                                                                     15.03.2019

                      Index    : Yes/No
                      Internet : Yes/No
                      tsg
                      To
                      1.The Executive Magistrate

cum Deputy Commissioner of Police (Law and Order), Tirunelveli City.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.SESHASAYEE, J.

http://www.judis.nic.in 4 tsg Order made in CRL.O.P.(MD) No.3026 of 2019 Dated: 15.03.2019 http://www.judis.nic.in

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