MOHAN Vs. STATE

JUDGEMENT

(1.) THE Learned Government Advocate on the Criminal Side takes notice on behalf of the respondents. THE petition has been filed praying to call for the records relating to the proceedings of the second respondent in M. C. No. 5 of 2002 and quash the same.

(2.) TODAY, when the matter was taken up for consideration, the learned counsel appearing for the petitioners would lay emphasis that prima facie the order is illegal in the sense that it is not in the correct form which should be in the shape of a show cause notice; that it should have been issued as to why in the circumstances of the case for the happenings mentioned therein, the petitioners should not be required to execute either the bond for their future conduct or for fixing a sum and in the absence of those relevant factors which are to be complied with, are miserably missing in the preliminary order passed by the Revenue Divisional Officer-cum-Sub-Divisional Magistrate, karur dated 8-11-2002 made in M. C. No. 5 of 2002 on the file of the second respondent.