This revision has been filed against the notice issued under Section 111 Cr.P.C., directing the parties to appear for an enquiry and to explain why order should not be issued under Section 107 Cr.P.C.
2.The grievance of the petitioners is that the Executive Magistrate clubbed both 'A' and 'B' Party in the preliminary order and asked them to appear before him on the same date, which is not permissible in law.
3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents 1 and 2.
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 clubbed together.
5.In the above circumstances, this Criminal Revision case is allowed and the proceedings of the first respondent in Na.Ka.No.5010/17/A7 dated 17.07.2017 is set aside. The first respondent is at liberty to proceed afresh under
Section 107 and
111 Cr.P.C. without clubbing them together. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Sub Divisional Magistrate cum Sub Collector, O/o. The Sub Divisional Magistrate cum Sub Collector, Palani, Dindigul District.
2.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District..