MUTHUPPANDI Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) These Criminal Original Petitions were dismissed by this Court, vide common order dated 09.07.2020. However, before the certified order copies could be issued to the parties, today, at the instance of the learned counsel for the petitioners, these Criminal Original Petitions are listed under the caption ''To recall the order''.

(2.) Previously, when at the time of arguing the matter, neither the learned counsel appearing for the petitioners nor the learned Additional Public Prosecutor appearing for the respondents, brought to the notice of this Court about the decision rendered by this Court in Crl.O.P.No.17684 of 2015, decided on 24.01.2017, [M.Krishnamurthy and others Vs. The Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Krishnagiri and another]. Based on the oral submissions made by the learned counsel appearing for the parties, this Court vide common order dated 09.07.2020, dismissed both the Criminal Original Petitions. The common order passed by this Court, dated 09.07.2020, reads as follows:-

(3.) Today the learned counsel appearing for the petitioners relied the abovesaid order and made his submissions as, this Court is having the power of judicial review under Section 482 of Cr.P.C. or Article 226 of the Constitution of India in respect of a show cause notice issued under Section 107 r/w. Section 111 Cr.P.C. He would further submit that in the abovesaid order, a Division Bench of this Court has clearly analyzed the provisions of Sections 107 to 116 of Cr.P.C. and came to the conclusion that in the show cause notice issued by the Executive Magistrate, some particulars in respect of execution of bond viz., the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required, have to be mentioned. But, in this case, in the impugned summons, nothing was mentioned, which is against the principles set out in the above referred case. Therefore, the common order dated 09.07.2020, passed in Crl.O.P. (MD)Nos. 7055 and 7073 of 2020, may be recalled and the Criminal Original Petitions may be allowed.