PANNEER ALIAS PANNEERASELVAM Vs. SARASU

JUDGEMENT

(1.) PETITIONER has been shown as member of B Party in M. C. No. 24 of 1993 on the file of sub-Divisional Magistrate Mayiladuthurai, wherein the first respondent has been shown as member of A party.

(2.) LEARNED Executive Magistrate initiated proceedings under Section 147, Cr. P. C. by passing a preliminary order on 16. 4. 1993, wherein he has stated about likelihood of breach of peace due to dispute between parties regarding a pathway/cart-track. On appearance of parties, learned executive Magistrate chose do examine witnesses and peruse written statements filed by the parties. Ultimately, he passed a final order under Section 147 (3)Cr. P. C on 26. 7. 1993 directing B party to restore the path way, which had been blocked by his within three months prior to the passing of the preliminary order.'b'party was also directed to remove immediately, if any permanent construction had been made by him, on this pathway.

(3.) REGISTRY is directed to send back the case records to the Executive Magistrate within one week from today. Learned Executive magistrate shall dispose of M. C. No. 24 of 1993 within four weeks from the date of receipt of records and copy of this order. .