BALA @ BALAKRISHNAN Vs. THE ADMINISTRATIVE EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) Where the rights of a person, get prejudicially affected, by an order made by an authority, in a proceeding where it involves civil consequences, whether such person is entitled to the predecisional notice / hearing, irrespective of whether the proceeding is judicial, quasi -judicial or administrative in nature, is the issue raised in this case.

(2.) The petitioner has been ordered to undergo imprisonment till the expiry of the bond executed by him, i.e. till 17.03.2017 by the order of the Executive Magistrate / Deputy Commissioner of Police, Trichy dated 18.07.2016. This order is under challenge in this petition. Brief Facts:

(3.) The petitioner is the resident of Wooraiyur, Trichy; a case was registered against him in Crime No.664 of 2015 in respect of offence under Section 110 Cr.P.C., (though it is not a section defining any substantive offence) on 06.10.2015; the allegation against him was that he was standing near CSI Market under suspicious circumstances with an intention to commit an offence.