IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.137 of 2017 and Crl.MP.No.98 of 2017 Pushparaj ... Petitioner Vs
1. State rep. by the Sub Collector (cum) First Class Executive Magistrate, Office of the Sub Collector, Cheyyar Town, Thiruvannamalai District.
2. State rep. By the Inspector of Police, Cheyyar Police Station, Cheyyar Town, Thiruvannamalai District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the proceedings bearing M.C.No.168 of 2016 on the file of the first respondent and quash the same as far as the petitioner.
For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.C.Emalias, APP ORDER The present criminal original petition has been filed to set aside the proceedings of the first respondent, Sub Collector-cum-First Class Executive Magistrate, Cheyyar Town, Thiruvannamalai District, dated 27.09.2016 made in M.C.No.168 of 2016.
2. According to the petitioner, he is running a transport business under the name and style of 'Deepalakshmi Transport' in Cheyyar Tow and is having six lorries. He used to rent the same for transporting cravel jalli, bricks, sand etc. While so, on the basis of the recommendation of the Tahsildar, Cheyyar, the first respondent issued a summons under section 110 Cr.P.C dated 23.08.2016 in Cr.P.C.M.C.No.168/2016(3) to 22 persons, one among them is the petitioner herein, calling upon them to appear before him on 31.08.2016 at about 3.00 pm for enquiry, on the ground that they are involved in the act of transporting illegal sand from Cheyyar river through bullock carts and lorries. Since the petitioner was not aware of the said proceedings, he did not appear before the first respondent on the specified date. Due to non-appearance of the petitioner and three others, the first respondent issued an arrest warrant against them, by the proceedings dated 27.09.2016, against which, the present petition came to be filed by the petitioner alone.
3. Learned counsel for the petitioner submitted that the petitioner is renting his lorries only for legal transportations and he is doing his business, as per the rules and regulations framed by the Government. Learned counsel further submitted that no summons was served on the petitioner, as alleged by the respondents. Therefore, the impugned proceedings is illegal and against law.
4. I have also heard the learned Additional Public Prosecutor, who took notice for the respondents.
5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court directs the petitioner to appear before the first respondent by filing an application under Section 70(2) Cr.P.C to re-call the warrant issued in MC.No.168 of 2016 and on filing of such application, the first respondent shall consider the same and pass appropriate orders on the same day.
R.MAHADEVAN, J.
rk
6. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
10.01.2017 Index:Yes/No rk To
1. The Sub Collector (cum) First Class Executive Magistrate, Office of the Sub Collector, Cheyyar Town, Thiruvannamalai District.
2. The Inspector of Police, Cheyyar Police Station, Cheyyar Town, Thiruvannamalai District.
3. The Public Prosecutor, High Court, Madras – 104.
Crl.O.P.No.137 of 2017 http://www.judis.nic.in