High CourtsSingle Bench

T.R.A. Balasundaram and others vs T.R. Sellamuthu and others

Madras High Court · Decided on 1 April 1987 · Citation: (1987) LW(Cri) 332

HON’BLE JUDGES
Maheswaran, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 111, 482
CASE NUMBER
Criminal M.P. 1381 of 1982
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Judgment

2 paragraphs · 121 words

Maheswaran, J.—This is a petition under S. 482, Crl.P.C., to quash the proceedings in M.C. No. 4 of 1982 on the file of the Sub Divisional Magistrate and Revenue Divisional Officer, Erode.

2.

In those proceedings, notice under S. 111 Crl.P.C., was issued clubbing both A and B parties together. Such an order will clearly be vitiated because A and B parties are numbers of hostile groups and two opposing parties to a proceeding cannot be proceeded against and bound over in one and the same proceeding. If authority is needed for that proposition, it is to be found in the decision reported in Ayyavu Chettiar v. Inspector of Police, Ennore circle 1984 L.W. Crl. 112. The proceedings are therefore quashed.