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(C) Both the Special court while transferring the F.I.R. and the learned Judicial Magistrate while taking the case on the file in respect of the minor offences under Sections 341 and 323, I.P.C. after omitting the major offences under section 355, I.P.C. and under Section 3(1)(x) of the Act ought to have given an opportunity of being heard to the first informant, the petitioner herein, by sending notice to him and then passed the final order in accordance with law. Obviously, this was not done. Thus, both the judicial forums have committed serious illegality.

17. There is yet another aspect of the matter. During the course of investigation, the Deputy Superintendent of Police concluded that only the offence under Section 3(1)(x) of the Act was not made out, but other offences under Sections 147, 341, 355 and 323 were made out, since it was revealed that 5 persons were involved in the act of committing the offences under Sections 341, 355 and 323, I.P.C.

18. Strangely, the Inspector of Police, who is said to have conducted further investigation, came to the conclusion that the offences under Sections 147 and 355, I.P.C. were also not made out.

31. That apart, when the Deputy Superintendent of Police concluded that the offences under I.P.C. including Section 355 I.P.C. were made out, there is no reason as to why the Inspector of Police dropped main offence under Section 355, I.P.C.

32. As indicated earlier, in the counter filed through the Public Prosecutor, the Deputy Superintendent of Police would state that the entire investigation was done by the Inspector of Police under his supervision. But, in the subsequent written submission, he would state that he initially conducted the investigation and thereafter, directed the Inspector of Police to take up further investigation in respect of the offences under I.P.C.

(b) It is also mentioned in the printed F.I.R. that the investigation has been forwarded to Mr. Nagarajan, the Deputy Superintendent of Police. After 11.11.1997, there is no intimation sent by the Deputy Superintendent of Police, the investigating officer, who is competent to investigate the case, to the Special Court that he took up investigation.
(c) On the other hand, on 21.11.1997, the Inspector of Police, Devakottai Taluk, filed & requisition before the Special Court to transfer the F.I.R. in Crime No. 229 of 1997 for the offences under Sections 147, 341, 355 and 323 I.P.C. and under Section 3(1)(x) of the Act pending before the Special Court to the Judicial Magistrate's Court Devakottai, as the Deputy Superintendent of Police already returned the case diary to him for further investigation after deleting the offence under Section 3(1)(x) of the Act from the F.I.R. and thereafter, he took up further investigation and he also dropped another offence under Section 355, I.P.C.