Askar U K vs The Station House Officer
2023 Latest Caselaw 5844 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                      WP(CRL.) NO. 402 OF 2022
PETITIONER:

          ASKAR U K
          AGED 39 YEARS
          S/O. HAMZA, FATHIMAS, MATTANNORE P.O., KANNUR DISTRICT,
          PIN-670 702
          BY ADVS.
          G.S.KRISHNAN KARTHA
          LIJIN THAMBAN


RESPONDENT:

          THE STATION HOUSE OFFICER
          MATTANNORE POLICE STATION, CHANDRALAYAM, MATTANNOORE,
          KANNUR DISTRICT, KERALA STATE, PIN-670 702
OTHER PRESENT:

          PP SRI.NOUSHAD K.A


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 402 OF 2022
                                    2

                   BECHU KURIAN THOMAS, J.
                   -----------------------------------------
                       W.P.(Crl) No.402 of 2022
                    ----------------------------------------
                Dated this the 24th day of May, 2023


                             JUDGMENT

Petitioner is assailing Ext.P4 order dated 7-02-2022 issued by the

Sub Divisional Magistrate, Thalassery under Section 111 of Cr.P.C. The

impugned order directs the petitioner to showcause as to why he should

not be ordered to execute a bond for Rs.50,000/- under Section 107 of

Cr.P.C and he was directed to appear on 9-03-2022. The reason for

issuing the preliminary order is the existence of three alleged crimes

which are seen mentioned in Ext.P4.

2. According to the petitioner, the crimes mentioned in Ext.P4 are

all private disputes and has no bearing on public tranquility. Various

other contentions are also addressed regarding the illegality in issuing

Ext.P4 order.

3. I have heard the learned public prosecutor also.

4. It is evident from a reading of Section 111 of Cr.P.C that when

a Magistrate proposes to proceed under Section 107, he can call upon

the person against whom proceedings are being initiated, to showcause,

why he shall not be directed to execute a bond. The provision therefore

contemplates an opportunity to showcause against such a proposal. WP(CRL.) NO. 402 OF 2022

5. All that the Sub Divisional Magistrate has done in the instant

case through Ext.P4 is to call upon the petitioner to appear before him

and showcause why an order under Section 107 of Cr.P.C ought not to

be issued. No prejudice of any nature would occasion to the petitioner

by Ext.P4 notice as he is only called upon to showcause why an order

Section 107 Cr.P.C should not be imposed.

6. The reasons now put forth before this court are all

explanations that can be addressed before the learned Sub Divisional

Magistrate itself as a means of showing cause, why an order under

Section 107 of Cr.P.C as proposed ought not to be issued. It would be

too premature to interfere with Ext.P4 as no prejudice is occasioned to

the petitioner.

7. Therefore, liberty of the petitioner to approach the learned Sub

Divisional Magistrate as observed in Ext.P4 and showcause against the

said proceedings is reserved. The petitioner shall appear before the

learned Sub Divisional Magistrate, Thalassery on 22-06-2023 to

showcause. The learned Public Prosecutor shall communicate to the

Sub Divisional Magistrate, the date of posting mentioned above.

This writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(CRL.) NO. 402 OF 2022

APPENDIX OF WP(CRL.) 402/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR NO.547/2021 DATED 10.06.2021 OF MATTANNORE POLICE STATION Exhibit P2 A TRUE COPY OF THE FIR NO.20/2020 OF MATTANNORE POLICE STATION DATED 09.01.2020 Exhibit P3 A TRUE COPY OF THE FIR NO.44/2020 OF MATTANNORE POLICE STATION DATED 23.01.2020 Exhibit P4 A TRUE COPY OF THE PRELIMINARY ORDER U/S 111 CRPC ISSUED BY SUB DIVISIONAL MAGISTRATE THALASSERY DATED 07.02.2022

//TRUE COPY//