SAVARIYAPPAN Vs. STATE REP

JUDGEMENT

(1.) The petitioners have brought forth the above Criminal Original Petition, to call for the records in M.C.No.364 of 2002 on the file of the Sub-Divisional Magistrate and Revenue Divisional Officer, Krishnagiri, and quash the same.

(2.) The case of the petitioners is that, the first petitioner is the President, the second petitioner is the Treasurer and other petitioners are the Members of the Krishnagiri Taluk Lorry Owners Association, situated at No.59, Car Street, Krishnagiri. A dispute arose between the President and the Secretary, when the first petitioner had tried to initiate action against the Members, who had not paid the debts on purchase of spares from the shop owned by the Association and to deny voting right to the defaulters of annual subscription to the association, which was to be brought in the agenda of the Annual General Body Meeting.

(3.) It is the further case of the petitioners that while the association had sought for the permission to conduct the meeting at Jayalaxshmi Kalyana Mandapam, Madras Road, Krishnagiri on 21.07.2002, the other faction approached the District Munsif Court, Krishnagiri, for an order of injunction, restraining the association to hold the meeting, which was dismissed by the said Court; that parallel to that, two FIRs were registered by the respondent police in Crime No.1344 of 2002 under Section 145 Cr.P.C. and Crime No.1345 of 2002 under Section 107 Cr.P.C. and in the meanwhile, the very meeting itself was held at the association premises on 21.07.2002 and therefore, any continuation of the proceedings under Section 107 Cr.P.C. without any basis and need by the learned Sub-Divisional Magistrate and Revenue Divisional Officer, Krishnagiri, in M.C.No.364 of 2002 would amount to an abuse of process of law and the same is liable to be quashed.