At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE MAHESWARAN
V. S. Srinivasan, A. N. Rajan, Advocates.
Judgment Text
In M.C. No. 1 of 1984, the Executive Magistrate and Revenu 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 (Cri) 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 (Cri) 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 (Cri) 221 : 1984 CrLJ 760
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). The proceedings are, therefore, liable to be quashed and are hereby quashed.
