VELLAPANDY THEVAR AND OTHERS Vs. STATE, REP. BY\THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DT.

JUDGEMENT

(1.) CRL . M.P. No. 4487 of 1983 has been filed by accused 1 to 13 to quash the proceedings in C.C. 151 of 1983 on the file of the Assistant Sessions Judge, Tenkasi and Crl. M.P. 5503 of 1984 has been filed by accused 1 to 6 to quash the proceedings in C.C. 132 of 1983 on the file of the II Additional Sessions Judge, Tirunelveli. As both these prosecutions arise out of the same transactions, they may be dealt with together.

(2.) ON 24th June, 1982 at about 10:30 a.m. in South Street, at Thurumangadur village, within the jurisdiction of the Police station of Keerakeralam Pudur, in Tirunelveli Dt., there was a fight between the two groups of persons, viz., the Petitioners and others in Crl. M.P. 4437 of 1983 on the one hand and the Petitioners in Crl. M.P. 5503 of 1984 on the other. Several persons on either side were injured and one Chelladurai belonging to the party of the Petitioners in Crl. M.P. 4437 of 1983, died of the injuries sustained by him. One Tmt. Ramasundaram, mother of the deceased Chelladurai, gave a report at the police station and the Sub Inspector of Police registered it as Crime No. 64 of 1982 against the Petitioners in Crl. M.P.5503 of 1984 under Sections 147, 148, 324 and 302 , Indian Penal Code and this is pending trial in S.C. 132 of 1982 on the file of the II Additional Sessions Judge, Tirunelveli. One Thangathai wife of the fourth Petitioner in Crl. M.P. 5503 of 1984 gave a complaint before the police at Veerakoralamurpudur. against the Petitioners 1 to 8 in Crl. M.P. 4437 of 1983 and the same was registered as Crime No. 65 of 1982 under Sections. 147, 148, 427, 337 and 307, Indian Penal Code and it is pending trial in C.C. 151 of 1983 on the file of the Assistant Sessions Judge of Tenkasi. The Inspector of Police enquired into both these complaints and filed a charge -sheet against the Petitioners in Crl. M.P. 5503 of 1984 for offences under Sections 147, 148, 427, 324 and 302, Indian Penal Code in respect of Crime No. 64 of 1982 and another charge -sheet against the Petitioners in Crl. M.P. 4437 of 1983 for offences under Ss. 147, 148, 427, 327 and 307, Indian Penal Code in respect of Crime No. 65 of 1982.

(3.) THIS is a case of complaint and counter complaint. On the complaint given by Tmt. Ramasundaram in Cr. No. 64 of 1982, the Inspector of Police has filed a charge sheet in S.C. 132 of 1983 for offences under Sections 147, 148, 427, 324 and 302, Indian Penal Code against the Petitioners in Crl. M.P. 5503 of 1984. In respect of the same incident, Tmt. Thangathai has given a complaint in Crime No. 65 of 1983 and the Inspector of Police has filed a charge -sheet in respect thereof against the Petitioners in Crl. M.P. 4437 of 1983, under Sections 147, 148, 427, 337 and 307, Indian Penal Code now pending in S.C. 151 of 1983 on the file of the Assistant Sessions Judge. Tenkasi. In cases of complaints and counter complaints, the procedure to be followed by the Investigating Officer is laid down in Order 588 -A of the Madras Police Standing Orders, which is as follows: