A S SURENDRAN Vs. STATE

JUDGEMENT

(1.) THE challenge in Crl.R.C. No.575 of 1993 by petitioner A.S. Surendran is to the impugned order passed by the learned Judicial Magistrate, Sivakasi, in Crl.M.P.No.4271 of 1993 dated 3.8.1993 under Sec. 190(1) (b) of the Code of Criminal Procedure, for its want of legality and propriety. Crl.O.P.No.11152 of 1994 is to quash the proceedings pending before the Judicial Magistrate, Sivakasi, in Crl.M.P.No.2637 of 1994 under Sec.482 of the Code of Criminal Procedure for it bears no basis at all. Crl.R.C. No.905 of 1995 by petitioner Maheswaran is to challenge the impugned order passed in Crl.M.P.No.1327 of 1995, dated 12.9,1995 by the learned Judicial Magistrate No.II, Virudhunagar, in C.C. No.176 of 1995, declining to discharge the accused/petitioner under Sec.239 of the Code of Criminal Procedure.

(2.) THE first revision above referred and the following criminal original petition relate to one and the same transaction decided already by the Judicial Magistrate, Sivakasi, wherein, it appears, he has formed a opinion already by passing the impugned order in it. This legal exercise was between the same parties with almost identical reliefs in the converse but however, the court below was again made to look into the matter by one of the respective parties on the different legal route. THE latter revision though before the different forum of the law, the facts for the said legal exercise stemed out of the same facts which were involved in the earlier revision as a continuation with reference to overt acts between the same parties. In this context, after hearing the Bar for the. respective parties in all the three cases, also with their consent, I have proposed to dispose of the three cases by passing this common order.

(3.) FOR the sake of convenience and easy reference petitioner A.S. Surendran in Crl.R.C. No.575 of 1993 and Crl.O.P.No.11152 of 1994; petitioner Maheswaran in Crl.R.C. No.905 of 1995; respondent K.T. Surendran in Crl.O.P.No.11152 of 1994 are hereinafter referred to as petitioner, respondent No.1 and respondent No.2 respectively.