MP(MD)No.7580 of 2018 in Crl.542 of 2018, dated 25.09.2018 (Thangam (Mathalai Muthu Vs.The Executive First Class Magistrate-cum-Revenue Divisional Officer, Dindigul); and (08).Order of this court passed in Crl.MP(MD)No.8387 of 2018 in Crl.585 of 2018, dated 28.02.2019 (Amalraj Vs.The Executive First Class Magistrate-cum-Revenue Divisional Officer, Dindigul).07.02.2020 er To, The Superintendent of Prison,http://www.judis.nic.in 10 Central Prison, Trichyhttp://www.judis.nic.inThis criminal revision is directed against the order passed in MC No.385/2019, dated 23.09.2019 by the first respondent.2.It is the case of the petitioner that the 2nd respondent police foisted cases against him in Crime No.188 of 2018 for the offence under sections 147, 148, 302 IPC @ 148, 149, 302 IPC and in Crime No.282 of 2019 for the offence under section 8(c) r/w 20(b)(11)(A) of NDPS Act and History Register No.06 of 2018 of East Police Station, Virudhunagar.The 1st respondent issued summons to appear him on 27.08.2019 and on that day, he was not furnished with any document relating to the proceedings initiated against him under section 110(e) of the Criminal Procedure Code and further the respondents 1 and 2 did not permit the petitioner to represent his case before the 1st respondent through Advocate.Aggrieved over the same, the petitioner is before this court.http://www.judis.nic.in 33.Heard the learned counsel appearing on either side and perused the materials available on record.4.The main contention raised on the side of the petitioner is that the 1st respondent did not provide reasonable opportunity to defend the case before passing the impugned order.It is the further contention of the petitioner that when without giving reasonable opportunity to defend his case, any order passed by the Executive Magistrate can be set aside.For that, the learned counsel for the petitioner submitted the following judgments:-01.AIR (33) 1946 Allahabad 333 (Narain Sahai and others Vs.Emperor);OP(MD)No.6841 of 2015, dated 10.04.2015(Malathi Vs.State);(03).2016 CRI.L.J. 4603 (Bala Vs.Administrative Executive Magistrate, Trichy City);(04).Order of this court passed in Crl.O.P(MD)No.7591 of 2017, dated 21.04.2017 (Rajkumar Vs.State);(05).2017(1)TLNJ 516 (Criminal) (Sivashanmuga Sundaram Vs.The Executive Magistrate/Deputy Commissioner of Police L & O, Tirunelveli and two others);http://www.judis.nic.in 4 (06).Order of this Court made in Crl.R.C.No.505 of 2017, dated 05.07.2017 (Selvam @ Selvaraj Vs.The Executive Magistrate-cum- Deputy Commissioner of Police, (Law & Order, Crime and Traffic), Tiruppur City and another);(07).Order of this court passed in Crl.The 1st respondent passed the impugned order mechanically.The 3rd respondent is directed to set at liberty the revision petitioner, if his further detention is no longer required in connection with any other case or proceedings.Consequently, connected Criminal Miscellaneous Petition is closed.28.02.2020 Index:Yes/No Internet:Yes/No er Note:Issue order copy on 28.02.2020 To,1.The Sub Divisional Executive Magistrate/ The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.3.The Superintendent of Prison, Madurai Central Prison, Madurai District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.http://www.judis.nic.in 8 T.KRISHNAVALLI,J er Order made in Crl.R.C(MD)No.971 of 2019 28.02.2020http://www.judis.nic.in 9 Crl.RC(MD)No.66 of 2020 T.KRISHNAVALLI,J ADVANCE ORDER In fine, this Criminal Revision Petition is allowed and the impugned proceedings issued by the first respondent in MP No.1 of 2019 in M.C.No.21/2019/A4, dated 23.04.2019 is set aside.The 3rd respondent is directed to set at liberty the petitioner/detenu, if his further detention is no longer required in connection with any other case or proceedings.Consequently, connected Criminal Miscellaneous Petition is closed.

Cited provisions: Section 147 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 148 in The Indian Penal Code