K PALANISAMY Vs. INSPECTOR OF POLICE TIRUPPUR

JUDGEMENT

(1.) "A" party in M.C.No. 182 of 1993 on the file of the Sub Divisional Magistrate and Revenue Divisional Officer, Tiruppur, have filed this petition under Scc.4S2 of Criminal Procedure Code, praying to call for the records in the above case and to quash the same.

(2.) SHORT facts are: The Sub Divisional Magistrate and Revenue Divisional Officer, Tiruppur had issued notice to "A" party under Sec. 145(1) of Criminal Prodcedure Code. That order reads as follows: "Whereas it has been made to appear to me from the reports of Inspector of Police, Tiruppur (South). The Tahsildar, Tiruppur and other sources such as the representations of the disputing parties and on the grounds duly recorded that a dispute likely to induce a breach of peace exists between "A" party, Thiru Palaniswamy Gounder and two others and "B" party, Thiru Ahmed and three others concerning the possession of the landed property of an extern of 5.28 acres in S.No. 128/1 of Tiruppur village, Tiruppur Taluk which is situated in my local jurisdiction. Hence I order both the panics to appear before me on 5.11.1993 at 11.00 a.m. in the office of the Sub-Divisional Magistrate and Revenue Divisional Officer, Tiruppur and file and put up their respective claims as to the effect of actual possession of the above mentioned properly". To quash the same, "A"parly has come forward with this petition.

(3.) I have heard Mr.N.T. Vanamamalai, learned Senior Counsel and the learned Government Advocate Mr.Somasundaram and I have carefully considered the submissions made by the learned Senior Counsel and the Government Advocate. 1 shall first consider the first submission made by Mr.R.Gandhi. To consider that submission, I have referred to the relevant portion under Sec. 145(1), Criminal Procedure Code, which reads as follows: