SELVARAJ ALIAS KAMARAJ Vs. SLATE

JUDGEMENT

(1.) COUNTER-petitioners in M.C.No. 137 of 1990 on the file of Executive First Class Magistrate and Revenue Divisional Officer, Virudhachalam have filed this petition under Sec.482, Crl.P.C., praying to call for the records in the above case and quash the same.

(2.) ON the information furnished by the respondent the Executive First Class Magistrate and Revenue Divisional Officer had passed a preliminary order under Sec.111, Crl.P.C., acting under Sec.107, Crl.P.C. In that order, he had cited five instance and has ultimately stated that since he considers that there are materials to show that the counter-petitioners are continuously indulging in unlawful acts, they should show cause as to why they should not execute bond for Rs.1,000 for one year to keep peace.

(3.) I have carefully considered the submissions made by the rival counsels. The impugned order is passed against petitioners 5 to 7, against whom no instance whatsoever has been cited. That would show that total non-application of mind on the part of the Executive First Class Magistrate in passing the impugned order.