SUBRAMONIAN POTI, Ag. C.J.

Our learned brother Khalid J. doubted the correctness of the decision in Chirukandath Chandrasekharan v. State of Kerala, 1970 Ker LJ 61 and expressed the view that the principle enunciated in that decision needs reconsideration, Proceedings initiated under Section 107 of the Code of Criminal Procedure were sought to be quashed. The proceedings so taken under Section 107 of the Code were attacked in the said petitions under Section 482 of the Code of Criminal Procedure on the basis that the proceedings were grounded on accusations which formed the subject-matter of cases pending investigation of pending trial in courts. Our learned brother Sadasivan, J. in Chandrasekharan's case expressed the view that the incidents involved in such cases cannot be the ground for initiation of proceedings under Section 107 of the Code. The correctness of that view was doubted not only by our learned brother Khalid J. but by one of us. Justice Janaki Amma, who had in the order on 26-9-1981 referred a similar question for decision by a Division Bench. That case is still pending and necessarily the question therein will have to be answered in the light of the dec