PUNNIYAMORTHI Vs. STATE

JUDGEMENT

(1.) WHAT is challenged herein is the proceedings initiated by the second respondent, viz., Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Kumbakonam, under Sec.107 Crl.P.C.

(2.) THE order under challenge is placed and the same is perused. THE learned counsel for the petitioners assailed the said proceedings on the ground that no subjective satisfaction is recorded. On the contrary, the officer has clearly mentioned that he has not arrived at subjective satisfaction and apart from that, the period of currency of the order is also not stated therein and there are three incidents noted. Insofar as the first incident alone was concerned, 24 persons are found and insofar as the other incidents are concerned, they have nothing to do, Under the circumstances, there is no question of initiating the proceedings under Sec.107, Crl.P.C. would arise and hence, it has got to be quashed.