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S.Thoppilan Kumar vs The Sub-Divisional Executive ...

Madras High Court|27 July, 2017

JUDGMENT / ORDER

The petition has been filed to call for the records and quash the proceedings in Ku.Va.No.100(8701)2016, dated 30.01.2017 of the first respondent, which is only a show cause notice under Section 107 read with 111 Cr.P.C. to the petitioners.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents.
3.The learned counsel for the petitioners submitted that the petitioners are not involved in any offence in Crime No.70 of 2017 and that there is no connection between the case in Crime No.70 of 2017 and the cases in Crime No.40 and 41 of 2016, on the file of the second respondent. From the impugned proceedings, it is seen that there is a dispute between two parties and that there is likelihood of law and order problem. The Sub Collector entertained the petition only on the basis of the report of the second respondent police.
4. In such circumstances, this Court is satisfied that the order is well founded. Since the impugned proceedings is only a show cause notice, the petitioners can submit their explanation. Even if the first respondent is convinced that the information received against the petitioners are not true, appropriate orders will be passed under Section 118 of Cr.P.C. If an adverse order is passed, it is open to the petitioner to take appropriate steps to quash the proceedings in the manner known to law.
5. With such observation, this Court find no merits in this petition. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed.
To
1.The Sub-Divisional Executive Magistrate and Revenue Divisional Officer, Devakottai, Sivagangai District.
2.The Inspector of Police, Nerkuppai Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.
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Title

S.Thoppilan Kumar vs The Sub-Divisional Executive ...

Court

Madras High Court

JudgmentDate
27 July, 2017