THENMALAIYANDI Vs. STATE

JUDGEMENT

(1.) The two petitions though filed by different sets of petitioners, arise out of the proceedings in M.C. 18 of 1981 on the file of the Executive First Class Magistrate-cum-Revenue Divisional Officer, Usilampatti. The former petition has been filed by the members of the A party and the latter petition has been filed by Nos. 7 and 8 of the B party in the said proceedings. Each set of petitioners seeks quashing of the proceedings against them before the Executive First Class Magistrate.

(2.) On the basis of information laid before him by the Inspector of Police, T. Kallupatty, the Executive First class Magistrate passed an order under S. 112 Cri.P.C. (sic, for Section 111 Cri.P.C.) and called upon the members of the A party and B party to appear before him on 27-7-1981 at 10 a.m. and show cause why each one of them should not be directed to execute a bond for a sum of Rs. 1000/- with two sureties each in a like sum to keep the peace for a period of one year and also to execute an interim bond for a like sum with like sureties for the period till the case is finally disposed of. On receipt of the order, the members of the two parties have come forward with these two petitions under section 482 Cri.P.C. to seek the quashing of proceedings against them.

(3.) In the order passed under section 112 Cr.P.C. four instances are mentioned. Instances 1 and 3 relate to offences committed by three members (one named and two unnamed) of the A party against some members of the B party. Similarly, instances 2 and 4 relate to certain offences committed by some members of the B party against some members of the A party.