Police standing orders have no statutory force.

Crl.M.P.No.5743 of 1986 has been filed by the first accused Pandurangan, in C.C.No.694 of 1985, relating to Crime No.155/84, to direct the J.F.C.M., Chengalpattu to deal with C.C.No.694 of 1985 as a P.R.C. and commit the same for trial to the Court of Sessions, Chengalpattu to be tried successively with S.C.No.90/85.

2. The first respondent is the State represented by the Inspector of Police, Thirukalikundram, Chengalpattu District. Respondents 19 to 35 and the petitioner in Crl.M.P.No. 5743 of 1986 are the accused in Crime No.156 of 1984, out of which Crl.M.P.No. 8542 of 1986 arises. Elumalai, a resident of Nemilikuppam, is the deceased in S.C.No. 90 of 1985 and has been wrongly impleaded as a respondent. Respondents 3 to 18 are the prosecution witnesses in S.C.No.90 of 1985, which relates to Crime No.156 of 1984, and they are residents of Nemilikuppam.

3. Crl.M.P.No.8542 of 1983 has been filed by respondents 3 to 18 in Crl.M.P.No.5743 of 1986 and another, to call for the records relating to C.C.No.694 of 1985 pending on the file of J.F.C.M., Chengalpattu, and quash the proceedings. The first respondent is the same as in Crl.M.P.No.5743 of 1986 viz., Inspector of Police, Thirukalikundram.

4. Crl.M.P.No.8923 of 1986 has been filed by one Chidambaram chetty, complainant in Crime No.155 of 1984 and who is an accused in Crime No.156 of 1984, to implead himself as a respondent in Crl.M.P.No.8542 of 1986.

5. For convenience sake and proper appreciation, petitioner and respondents 19 to 35 in Crl.M.P.No.5743 of 1986 will be referred to as ‘A’ part. Respondents 3 to 18 in the said petition, who are the petitioners in Crl.M.P.No.8542 of 1986, will be referred to as ‘B’ party. Deceased Elumalai was a member of the ‘B’ Party.

6. ‘A’ Party people belong to Sulerikattukuppam, a hamlet which is 11 kms. north of J-4 Mamallapuram Police Station, Thirukalikundram, Chengalpattu West District. ‘B’ Party people belong to the village Nemilikuppam, which is on the north of Madras-Mahabalipuram Road, and north of Sulerikattukuppam. Two persons viz., Ganapathy and Muthu, residents of Nemilikuppam, are alleged to have been obstracized by the villagers of Nemilikuppam, as per the version of ‘A’ party, on the ground that they have exposed the residence Nemilikuppam to the Customs Authorities about their involvement in smuggling of foreign goods and that they were given asylum by ‘A’ party. As such there was ill-feeling between ‘A’ Part and ‘B’ Party.

7. While so, on 2.12.1984 at about 7.30 p.m., when ‘A’ Party people were fishing in the backwaters of Buckingham Canal on the northern bund, ‘B’ Party people came there armed with fe rule stick and other weapons. Elumalai Chetty (deceased), Panchanathan, Sekar, Radhakrishnan, Balasekar and others of ‘B’ Party were there. Elumalai Chetty beat one Chidambaram Chettyar belonging to ‘A’ Party on his head. ‘B’ Party people questioned ‘A’ Party people as to why they gave asylum to Ganapathi and Muthu. There was a bitter fight between the two parties and after beating ‘A’ Party people, ‘B’ party people ran away from the places. In the fight, persons belonging to ‘A’ Party viz., Pandurangan, Chandran, Varadarajan, Jagannathan and Panchanathan were injured. People of ‘A’ Party came to the spot and brought the injured to the Police Station at about 9.30 P.M., where Chidambaram Chetty of ‘A’ Party gave a complaint and the same was registered as Crime No.155 of 1984 under Secs.147, 148, 326 and 325 I.P.C. which resulted in filing of a charge sheet in C.C.No.694 of 1985 on the file of the J.F.C.M. Chengalpattu.

8. On the same day, at or about 10.30 p.m. Anbu belonging to ‘B’ Party appeared before the Mamallapuram Police Station and gave a complaint which was registered as Crime No.156 of 1984 under Secs.147, 148, 326 and 325, I.P.C., which resulted in filing of a charge sheet in S.C.No.90 of 1985, as Elumalai of ‘A’ Party died at 3.15 P.M., on 3.12.1984 at the hospital.

9. According to Anbu of ‘B’ Party, Ganapathy and Mu