K P MARUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These ninety-seven petitioners who have been arrayed as members of the A- Party in M.C. No. 50f 1981 on the file of the Sub Divisional Magistrate and Sub Collector, Dindigul, have preferred this petition under Section 482 Criminal Procedure Code, for quashing the proceedings before the Sub Divisional Magistrate. The first respondent is the State represented by the Inspector of Police, Keeranur, Palani taluk and respondents 2 to 8 are the members of the B- Party.

(2.) On the basis of information laid before him by the Sub inspector of Police Keeranur, the Sub Divisional Magistrate deemed it fit to call upon the members of the A-Party and the B-Party to show cause why they should not be bound over under Section 107, Criminal Procedure Code, to keep the peace and be of good behaviour for a period of one year. Consequently, the Magistrate passed a preliminary order under Section 111, Criminal Procedure Code, and issued notices to the members of both parties calling upon them to appear before him and show cause why they should not be called upon to execute bonds with sureties for preserving public peace and tranquillity. On receipt of the preliminary order, the members of the A-Party have come to this Court to have the proceedings quashed.

(3.) In the affidavit filed in support of the petition, various grounds of attack have been raised against the preliminary order passed by the Sub Divisional Magistrate. However, in view of the fact that learned counsel for the petitioners confined his argument only to one aspect of the order, it is not necessary to refer to the order criticisms raised in the affidavit regarding the validity of the order.