Madras High Court
Govindhan vs The Sub – Divisional Executive ... on 6 June, 2023
Crl OP No.15381 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Criminal Original Petition No.15381 of 2021
and Crl.M.P.Nos.8414 & 8416 of 2021
1. Govindhan
2. Gubendhiran
3. Gurumoorthi
4. Hari Krishnan
5. Gopal
6. Rajendran ... Petitioners/Petitioners
Versus
1. The Sub – Divisional Executive Magistrate cum
Revenue Divisional Officer,
Kesavalu Nagar, V.O.C.Nagar,
Kallakurichi District, Tamil Nadu 606 202.
2. The Inspector of Police,
Thirupalapanthal Police Station,
Kallakurichi District.
3. Elumalai
4. Kannan
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1/6
Crl OP No.15381 of 2021
5. Paalraj
6. Paandu
7. Balakrishnan ... Respondents/Complainant
Prayer : Criminal Original Petition has been filed under Section 482 of
the Criminal Procedure Code seeking to call for the records in notice
dated 22.07.2021 in A3/2202/2021, on the file of the first respondent,
and set aside the same as illegal.
For Petitioners : Mr.A.Thiagarajan, Senior Counsel
for M/s. A.Vinupradha
For Respondent : Mr.A. Damodaran
Additional Public Prosecutor, for R1 & R2
ORDER
The petitioner seeks to quash the notice issued under Section 111
read with Section 107 of the Code of Criminal Procedure. The
petitioners have been shown as A parties and the rival parties have been
shown as B parties in the said notice.
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Crl OP No.15381 of 2021
2. This Court has repeatedly held that there cannot be any joint
enquiry for rival parties in the proceedings under Section 107 of the
Code of Criminal Procedure. In the recent judgment in Criminal OP
No.3275 of 2021 dated 15.03.2023, this Court had observed as follows:
“ 5. This Court finds that in the impugned notice, the
petitioners who are shown as A-party and the hostile
persons are shown as B-party have been jointly called for
an enquiry. Section 116 Sub Clause 5 of the Code of
Criminal Procedure which reads as follows:
Section 116 (5):- Where two or more
persons have been associated together in the
matter under inquiry, they may be dealt with in the
same or separate inquiries as the Magistrate shall
think just.
The above provision provides for joint enquiry only
in respect of persons who have been associated together.
However, in the instant case admittedly A and B parties
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Crl OP No.15381 of 2021
cannot be said to be associated together. The issue is
covered by the judgments of this Court in:
1.Chinnathambi Gounder @ Rama Gounder and
others v. State by Inspector of Police, Natham Dindigul
Quide-Milleth District, reported in 1994 1 MLJ(Crl) 110;
2. K.P.Murugesan and others v. State by Inspector of
Police and others, reported in 1983 (2) Crime (HC) 712;
3. Sekar and others v. R.Padmalosai and others, reported
in 1987 (6) L.W. Crl 262; and
6. This Court has held that two opposing parties of
hostile groups cannot be bound over in one and the same
proceedings. The latest judgment of this Court is Shahul
Hameed v. The Sub Divisional Magistrate made in Crl
R.C.(MD) No.607 of 2017 dated 31.07.2017. The relevant
portion of the order is extracted hereunder:
“4. Now, it is settled proposition of law
that proceedings in Section 107 and 111
Cr.P.C. 'A' party and 'B' party should not be
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Crl OP No.15381 of 2021
clubbed together.””
3. In view of the same, since the petitioners and the rival parties
have been called for joint enquiry, the impugned notice is liable to be set
aside and the Criminal Original Petition is allowed. Consequently, the
connected miscellaneous petitions are closed.
06.06.2023
jv
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
1. The The Sub – Divisional Executive Magistrate cum
Revenue Divisional Officer,
Kesavalu Nagar, V.O.C.Nagar,
Kallakurichi District, Tamil Nadu 606 202.
2. The Inspector of Police,
Thirupalapanthal Police Station,
Kallakurichi District.
3. The Public Prosecutor
Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl OP No.15381 of 2021
SUNDER MOHAN, J.
jv
Criminal Original Petition No.15381 of 2021
and Crl.M.P.Nos.8414 & 8416 of 2021
06.06.2023
https://www.mhc.tn.gov.in/judis
