K PETHURAJ Vs. SUB DIVISIONAL EXECUTIVE MAGISTRATE CUM, ARUPUKOTTAI
LAWS(MAD)-2020-9-673
HIGH COURT OF MADRAS
Decided on September 03,2020

K Pethuraj Appellant
VERSUS
Sub Divisional Executive Magistrate Cum, Arupukottai Respondents

JUDGEMENT

- (1.) This revision has been filed to set aside the order, dated 15.11.2019, in M.C.No.471/2019, passed by the first respondent.
(2.) On 21.10.2019, the Revenue Divisional Officer, Arupukottai, ordered the petitioner to execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) to maintain peace for a period of one year and the petitioner executed a bond on the same day. Later, on 22.10.2019, a case was registered against the petitioner in Crime No.571 of 2019, under Section 379 I.P.C. by the Virudhunagar West Police. The Revenue Divisional Officer called upon the petitioner for enquiry on 22.10.2019 and passed an order under Section 122(1)(b) Cr.P.C., to detain the petitioner for a period of one year. Against that order, the petitioner preferred this revision.
(3.) On the side of the petitioner, it is stated that no show cause notice was issued to the petitioner. No enquiry was conducted'. The petitioner was not given opportunity to put forth his case. The guidelines prescribed by this Court in Crl.R.C.(MD)No.137 of 2018 etc. batch, dated 13.02.2019 [P.Sathish @ Sathish Kumar Vs. State], was not complied by the first respondent and the impugned order was not a speaking order. The petitioner is in custody for the past eight months and prayed the impugned order to be set aside.;


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