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Grsi writ allowed full order HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Writ Petition No.
by Sekar Reporter · Published May 15, 2022
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Cpc G. Surya Narayanan Mhc Advt: Order 43 rule 1(u) ; order 43 rule 23A
by Sekar Reporter · Published March 10, 2020
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This Court in a judgment reported in CDJ 2006 MHC 1948 PALANI & OTHERS Vs. THE INSPECTOR OF POLICE PUDHUKOTTAI POLICE STATION AND OTHERS has held that passing a common order against the members of the two parties is not in accordance with law. As per Section 116 of the Code of Criminal Procedure a joint enquiry can be held only in respect of members or association of the same group but not against the members of two rival groups. Clubbing both the groups in one proceedings and directing them to face a joint enquiry is not in accordance with law. In such a view of the matter, this Court is inclined to grant the relief sought for by the petitioner. SATHISH KUMAR, J mvs. Accordingly, this Criminal Original Petition is allowed and the order dated 9/12/2021, made in M.C.No.126/2021/Aa1 passed by the Sub-divisional
by Sekar Reporter · Published July 2, 2022