R. RAMANATHAN Vs. SUB DIVISIONAL MAGISTRATE & REVENUE

JUDGEMENT

(1.) The petitioner herein is shown as one of the members of the group arrayed as A party in the impugned summons dated 17.4.2013 passed by the first respondent/Sub Divisional Magistrate and Revenue Divisional Officer, Tirunelveli. This petition is filed to quash the impugned summons dated 17.4.2013 in No. M.C. 33/2013/A5, in and under which, the petitioner and others shown as a party were called upon to show cause as to why bond shall not be executed for Rs. 10,000/- to keep peace in the vicinity. The impugned summons is sought to be quashed by the petitioner on the following grounds: (i) FIR in Cr. NO. 241/2012 on the file of Karivalamvandhanallur Police Station, 2nd respondent herein dated 24.8.2012 registered for the offence under Section 107 Cr. P.C. does not disclose any allegation warranting any apprehension of breach of peace and disturbance to public tranquility; (ii) The summons was issued under Section 114 of the Code without the order made under section 111 Cr. P.C., which is one of the mandatory requirements of Section 114 Cr. P.C. and failure to do so vitiates the proceedings initiated under Section 107 Cr. P.C. and (iii) the copy of the FIR, which is the basis for issuing impugned summons, was not furnished along with the summons and there is nothing in the summons to indicate that the summons was issued by duly, appreciating the situation with proper application of mind.

(2.) On the other hand, the learned Government Advocate (Crl. Side) representing the respondents would attempt to defend the correctness of the summons.

(3.) Heard the rival submissions made on both sides.