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2003 Supreme(Mad) 272

V.KANAGARAJ
Adimadavan & Others – Appellant
Versus
State & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.M.Mohanasundaram, Advocate. For the Respondents:Mr.O.Srinath, Government Advocate (Crl.side).

Judgment :-

The above Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Roc.No.5430/2002/A2 on the file of the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Salem and quash the same.

2. The petitioners, who are `A' party respondents No.1,4 and 6 among seven in the row, in which the `B' party respondents are also six in number, in the above proceeding initiated by the Sub Divisional Executive Magistrate, Salem against both the parties under Section 107 of the Code of Criminal Procedure, have come forward to file the above criminal original petition seeking for the relief extracted supra on grounds such as that the said Executive Magistrate, as per his preliminary order dated 28.1.2003 has called for the petitioners to appear before him on 31.1.2003 at 10.00 a.m. and show-cause as to why the petitioners should not be directed to execute bonds for maintenance of peace and tranquility in the area under Section 107 of Cr.P.C. and that the said order is bad for the following reasons:

(i)that the order is not sustainable in law as per Section 111 of the Code of Criminal Procedure since it ha














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