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Judgment
7 paragraphs · 142 wordsMaheswaran, J.—In M.C. No. 1 of 1984, the Executive Magistrate and Revenue Divisional Officer, Salem, has issued proceedings under
S. 107, Cr.P.C., impleading both A and B parties to bind them over in the same proceeding. I have held in Ayyavoo Chettiar v. Inspector of
Police, Ennore Circle, 1984 Mad LW 112, that two opposing parties of hostile groups cannot be proceeded against and bound over in one and
the same proceedings and that such an order will vitiate the proceedings. The same view is taken by me in Sadayan v. Paramasivan, 1983 Mad
LW 218. Another learned Judge of this Court has also taken this view in K. P. Murugesan v. State by Inspector of Police, Keeranur, 1983 Mad
LW 221 : 1984 Cri LJ 760. The proceedings are, therefore, liable to be quashed and are hereby quashed.
Petition allowed.