E.Sangiah v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

Crl.O.P.(MD)No.3739 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.3739 of 2020 and Crl.M.P.(MD)No.2033 of 2020 E.Sangiah ... Petitioner -vs1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai.

2.The Sub-Inspector of Police, Kadupatti Police Station, Vadipatti Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to quash all the further proceedings in M.C.No.6599/2019 and quash the same.

For Petitioner :

Mr.P.Thambidurai For Respondents : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed for quashing the impugned proceedings instituted by the first respondent under Section 107 of Cr.P.C.

2.The petitioner's counsel would point out that in the impugned proceedings, both 'A' party and 'B' Party have been clubbed together. Such holding of joint enquiry has already been held to be illegal in a catena of cases.

3.The said submission made by the petitioner's counsel is well founded. The impugned proceedings are therefore, quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.O.P.(MD)No.3739 of 2020 pnn To 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai.

2.The Sub-Inspector of Police, Kadupatti Police Station, Vadipatti Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.THAMBIDURAI, Advocate ( SR-9922[F] dated 03/03/2020 ) Crl.O.P.(MD)No.3739 of 2020 03.03.2020 SMA/16/03/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2