Punniyamorthi and others v. State, by the Inspector of Police, Kabisthalam Police Station, Papanasam Taluk, Thanjavur District, and another
2005-11-29
M.CHOCKALINGAM
body2005
DigiLaw.ai
ORDER: 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. 3. Heard the learned counsel for the State. On perusal of the order under challenge, the Court is of the considered opinion that the entire proceedings has got to be quashed, since all the lacunas are brought to the notice of this Court, which are quite evident from the said order. First of all, the order does not speak about the period and even the Officer has not recorded subjective satisfaction, but on the contrary, he would say that he has not arrived at subjective satisfaction and under the circumstances, he should not have invoked the said provisions of law. Apart from that, insofar as the three incidents are concerned, the petitioners herein are not involved in all the three incidents. Since it is brought to the notice of the Court that there was a communal clash, the Authority below mechanically initiated proceedings, which in the opinion of the Court is illegal, in view of the reasons stated above. Hence, the entire proceedings of the second respondent is quashed. Accordingly, this petition is ordered. Consequently, connected Crl.M.Ps are closed.