THIRU VENKATESAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by 44 petitioners who are counter petitioners in M. C. No. 3 of 1987 on the file of the Executive sub-Divisional Magistrate and Revenue Divisional Officer, Tirupathur , north Arcot District on the information furnished by the Inspector of Police, Rural Police Station, Ambur , the Executive Sub-Divisional Magistrate has initiated proceedings under section 107 of the Criminal Procedure in M. C. No. 3 of 1987 against the petitioners.

(2.) THE petitioners are said to be workers in Akbar Leather Factory at Ambur , north Arcot District Among the petitioners, petitioners 1 to 3 are said to be the office-bearers of Leather and Leather goods Democratic Labour Union and according about 11. 30 A. M. the counter petitioners 1 to 44, the active member of the said Union joined together in front of the said Akbar Leather factory, formed themselves into an unlawful assembly with the common object to violate the order passed by the public servant, prevent that public servant from discharging his duties and violated the orders under section 30 (2) of the police Act passed by the Public Servant by preventing the ordinary public from discharging their daily work. A case was registered in Cr l. No. 358 of 1987 under sections 143 and 188 of the Indian Penal Code, read with section 7 (i ) (a) of the Criminal Law amendment Act and the same is being investigated. Besides that occurrence, in the notice issued, mention has been made about the occurrence that took place on 4. 10. 1987 ,22. 10. 1987 and 23. 10. 1987. It is to be pointed out that in the occurrence that is alleged to have taken place on 4. 10. 1987, the petitioners 6 to 8 and in the occurrence that is alleged to have taken place on 22. 10. 1987 petitioners 4 to 7, 9, 38 and 42 and in the occurrence that allegedly took place on 23rd October, 1987 petitioners 4 and 5 are shown to have participated. As regards the occurrence that is alleged to have taken place on 25. 10. 1987, petitioners 10 to 44 are shown to have joined together.