M. VARATHARAJAN Vs. EXECUTIVE MAGISTRATE CUM THE DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, THIRUNELVELI CITY, THIRUNELVELI €“ 11

JUDGEMENT

(1.) The present petition is filed to quash the show cause notice in EMC No.310 of 2020 issued by the first respondent under Section 113 of Code of Criminal Procedure.

(2.) Heard Mr.R.M.Suresh, learned counsel for the petitioner and Mr.A.Robinson, learned Government Advocate (Criminal Side) for the respondents.

(3.) The learned counsel for the petitioner contended that though as per the provisions of 113 of the Code of Criminal Procedure, notice should contain substance of grounds, based on which, action is initiated by the Executive Magistrate, no such substance of grounds is indicated in the notice issued under Section 113 of the Code of Criminal Procedure. He also relied on the decision of the Division Bench of this Court in M. Krishnamurthy Vs. The Sub Divisional Magistrate Cum Revenue Divisional Officer, Krishnagiri and another, reported in 2017 (1) CTC 680, in which, it has been held thus: