LAWS(MAD)-2020-9-1050

SHEIK DAWOOD Vs. SECOND CLASS EXECUTIVE MAGISTRATE

Decided On September 11, 2020
SHEIK DAWOOD Appellant
V/S
Second Class Executive Magistrate Respondents

JUDGEMENT

(1.) This petition has been filed to set aside the proceedings passed in M.C.No. 35 of 2019(A3) dated 01.02.2020, on the file of the first respondent.

(2.) 1n M.C.No.35 of 2019(A3), the petitioner executed a bond before the first respondent under Section 110 of Cr.P.C, to keep good conduct for a period of two years on 19.11.2019. Subsequently, a case was again registered against the petitioner in Crime No. 15 of 2020 under Sections 153(a), 153(b), 120(b) of IPC, Sections 18, 18B, 38, 39 of Unlawful Activities (Prevention of Act), 1967 and Section 66F(2) of IT Act. On the requisition of the second respondent, the first respondent passed the impugned order under Section 122(l)(b) of Cr.P.C, directing the petitioner to be in custody till 18.11.2021. Against that order, the petitioner preferred this revision petition.

(3.) On the side of the petitioner, it is stated that the guidelines issued by this Court in the case of P.Sathish @ Sathish Kumar vs. State reported in (2019) (2) MLJ (Crl) 556 was not followed by the respondents. No show cause notice was issued to the petitioner and no enquiry was conducted. The respondents did not furnish any copies of the documents and no opportunity was given to the petitioner and that the petitioner is in custody for the past seven months.