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CDJ 2026 MHC 1672 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : W.P.(Crl.)No. 782 of 2025 & W.P.M.P.(Crl.).Nos. 352 & 353 of 2025
Judges: THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Parties : A.S. Abdul Wahab & Others Versus The Executive Magistrate cum The Tahsildar, Chidambaram & Another
Appearing Advocates : For the Petitioners: Y. Kajanavas, Advocate. For the Respondents: K.M.D. Muhilan, Additional Public Prosecutor.
Date of Judgment : 21-01-2026
Head Note :-
Constitution of India - Article 226 -

Case Referred:
Palani and Others Vs. The Inspector of Police, Pudhukottai Police Station and Others. (CDJ 2006 MHC 1948)
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Section 107 of the Code of Criminal Procedure
- Section 116 of the Code of Criminal Procedure

2. Catch Words:
- Writ of Certiorari
- Clubbing of parties
- Joint enquiry
- Quash

3. Summary:
The petitioners filed a criminal writ petition under Article 226 seeking a writ of certiorari to call for records and to quash the order dated 28‑08‑2025 passed by the Executive Magistrate‑cum‑Tahsildar. They contended that the respondent had improperly clubbed two rival groups and initiated proceedings under Section 107 of the Cr.P.C., which is contrary to law. The Additional Public Prosecutor admitted the clubbing. The Court relied on *Palani and Others v. Inspector of Police* (CDJ 2006 MHC 1948), holding that a joint enquiry under Section 116 is permissible only for members of the same group, not rival groups. Consequently, the Court found the order illegal and directed its quashment, directing fresh proceedings. The petition was allowed without costs.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records in connection with the order passed by the 1st Respondent dated 28.08.2025 in M.C.No.167/2025 and quash the same.)

1. The present Writ Petition (Criminal) has been filed seeking to issue a Writ of Certiorari to call for the records in connection with the order passed by the 1st Respondent dated 28.08.2025 in M.C.No.167/2025 and quash the same.

2. The sole ground raised by the learned counsel appearing for the petitioners is that the 1st respondent has clubbed both groups together and initiated one proceedings under Section 107 of Cr.P.C., and such procedure is against law.

3. The learned Additional Public Prosecutor appearing for the respondents fairly submitted that both parties have been clubbed in the same proceedings.

4. This Court, in a judgment reported in Palani and Others Vs. The Inspector of Police, Pudhukottai Police Station and Others. (CDJ 2006 MHC 1948), 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.

5. Clubbing both the groups in one proceedings and directing them to face a joint enquiry is not in accordance with law. In such view of the matter, this Court is inclined to grant the relief sought by the petitioners.

6. Accordingly, this Writ Petition (Criminal) stands allowed. No costs. The order dated 28.08.2025 passed in M.C.No.167 of 2025 by the Executive Magistrate-cum-Tahsildar, Chidambaram, is hereby quashed. The 2nd respondent police is directed to initiate the proceedings afresh, in accordance with law. Connected Miscellaneous Petitions are closed.
 
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