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2016 DIGILAW 2442 (MAD)

M. Annamalai v. Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District

2016-07-22

G.CHOCKALINGAM

body2016
ORDER : This Criminal Revision Case is directed against the order dated 23.05.2016 passed by the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District, in Na.Ka.a4/168/2016. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent as well as the learned counsel appearing for the second respondent. 3. The learned counsel appearing for the petitioner would submit that the petitioner is 'A' parties. The Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District, without applying his mind, erroneously passed an order on 23.05.2016, which is liable to be quashed. It is further submitted by the learned counsel for the petitioner that the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate failed to note that the proceedings were initiated under Section 107 of Cr.P.C. and notice was issued on the basis of F.I.R. in Crime No. 278 of 2016 initiated by the Inspector of Police, Pernambut Police Station, Pernambut. It is submitted by the learned counsel for the petitioner that the learned Sub Divisional Executive Magistrate also failed to note that similar situation arose even in the year 2015 and all the parties amicably passed a resolution signed by the rival group including the Revenue Divisional Officer, Tahsildhar, Pernambut and Block Development Officer, Pernambut and also signed by the representatives of 'A' and 'B' parties and under the resolution, the 'A' parties were given liberty to conduct the festivals. The learned Sub Divisional Executive Magistrate, without considering the facts of the case, exceeded his jurisdiction under Section 107 of Cr.P.C. and therefore, the learned counsel prayed that the order passed by the learned Sub Divisional Executive Magistrate may be set aside. 4. The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, according to the circumstances and situation in that area on the particular time, had passed an appropriate order to maintain law and order and the said order cannot be questioned by the petitioner and hence, there is no infirmity or illegality in the order passed by the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District and therefore, the learned counsel prayed that the criminal revision case may be dismissed. 5. 5. On a perusal of the typed set of papers produced on the side of the petitioner, it is seen that the Inspector of Police, Pernambut police station, registered a case in Crime No.278 of 2016 for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC on 20.05.2016. Since there was a dispute arose among the 'A' and 'B' parties, for conducting the Kangaiamman temple festival, proceedings were initiated under Section 107 of Cr.P.C. and the case was registered by the Inspector of Police, Pernambut police station. The Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District, had issued a notice directing the 'A' and 'B' parties, to appear before the Magistrate on 20.04.2016 at 6.00 p.m. After issuance of notice, peace committee meeting was conducted between the parties and in the said meeting, there was no amicable settlement arrived at between the parties. Since there was no amicable settlement arrived between the parties, the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District had passed the order on 23.05.2016. The operative portion of the said order reads as follows:- xxxx 6. The Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, has responsible to maintain the law and order problem in his jurisdiction and therefore, in order to avoid the communal riot in the particular area and to maintain law and order, the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, passed the above said order, directing the parties not to conduct the festival, which cannot be questioned by the petitioner. 7. Considering the facts and circumstances of the case, since there was no direction or order passed against the present petitioner, this Court is of the considered view that there is no infirmity or illegality in the order passed by the learned Sub Divisional Executive Magistrate, Vellore. This Court finds no reason to interfere with the order dated 23.05.2016 passed by the Revenue Divisional Officer-cum-Sub Divisional Executive Magistrate, Vellore, Vellore District, in Na.Ka.a4/168/2016, which does not warrant any interference by this Court and hence, the criminal revision case is liable to be dismissed. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected miscellaneous petition is closed.