DURKAIRAJ Vs. SUB DIVISIONAL MAGISTRATE CUM

JUDGEMENT

(1.) This Criminal Revision Case is filed to set aside the order passed in M.C.No.18/2020/A7, dtd. 31/3/2022, on the file of the first respondent and thereby, detain the petitioner for remaining bond period.

(2.) The petitioner executed a bond under Sec. 110 Cr.P.C for a period of two years on 17/8/2020. After execution of the bond, the petitioner involved in another case registered in Crime No.335 of 2021 registered for the offence under Sec. 25(i)(a) of Arms Act. After his arrest, he was released on bail. Again the petitioner involved in Crime No.29 of 2022 registered for the offence under Ss. 294(b) and 506(ii) IPC. In pursuant to the said crime, he was arrested and remanded to judicial custody. The same was intimated to the first respondent by second respondent. On receipt of the same, the first respondent vitiated proceedings under Sec. 122(i)(b) Cr.P.C by issuance of show cause notice as contemplated under Criminal Procedure Code to the petitioner. On receipt of the same, the petitioner engaged an Advocate and appeared for enquiry on 22/3/2022. The counsel who represented on behalf of the petitioner before the first respondent requested time to file their reply. https://www.mhc.tn.govHowever,.in/judis the first respondent after recording report of the second respondent passed the impugned order. Admittedly, the petitioner has been given an opportunity of hearing and he was not given opportunity to cross-examine the witnesses and pass impugned order.

(3.) In this regard, it is also relevant to rely upon the judgment of the this Court reported in 2022 (1) MWN (Cr.)438 - (J.Gopalakannan Vs. Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Palani and others) is held as follows: