Kerala High Court
Praveen vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 5494 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.181 OF 2024 OF
SUB.DVL.MAGISTRATE,KOLLAM
PETITIONER/RESPONDENT:
PRAVEEN
AGED 53 YEARS, S/O. KARUNAKARAN,
PUTHUVAL VEEDU, THAYYIL, ULIYAKOVILCHERRY,
KOLLAM, PIN - 691004
BY ADVS.
SRI.BHANU THILAK
SRI.S.R.PRASANTH
SRI.VISHNU.R
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUB DIVISIONAL MAGISTRATE
KOLLAM, CIVIL STATION KOLLAM, PIN - 691013
3 STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691001
BY ADV.
SRI. NOUSHAD K. A. (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.5494 of 2024 2
2024:KER:77971
BECHU KURIAN THOMAS, J
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Crl.M.C.No.5494 of 2024
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Dated this the 17th day of October, 2024
ORDER
Petitioner is the counter-petitioner in M.C. No.181/2024 on the
files of the Sub Divisional Magistrate Court, Kollam. The said proceedings
have been initiated under Section 107 of the Code of Criminal Procedure,
1973 (for short 'Cr.P.C'). A preliminary order dated 18.03.2024 has been
issued, which is produced as Annexure A1 under section 111 of Cr.P.C,
directing the petitioner to show cause why he should not be ordered to
execute a bond under Section 107 Cr.P.C to keep peace for a period of
one year. Petitioner challenges the aforesaid show cause notice pointing
out that there is an inherent infirmity in the impugned order of the Sub
Divisional Magistrate.
2. I have heard the learned counsel for the petitioner as well
as the learned Public Prosecutor.
3. In Girish P. and Others v. State of Kerala and
Another (2009 (4) KHC 929) it has been observed that Section 111
Cr.P.C mandates that a Magistrate acting under Section 107 Cr.P.C
must of necessity set forth the substance of the information in the
2024:KER:77971
order under Section 111 to enable the party against whom such an
order is proposed to be issued to appear and show cause against the
allegations. It was further held that unless such information is furnished
to the person against whom the order is proposed to be issued, he
cannot defend the allegation.
4. In the Full Bench decision in Moidu v. State of Kerala
(1982 KLT 578), it was observed that the involvement in a criminal case
by itself, is not a guide to initiate proceedings under Section 107 and
an imminent breach of peace warranting initiation of such a proceeding
is what is required.
5. Similarly in Bejoy K.V. v. State of Kerala and Another
(2015 (5) KHC 507) this Court has observed that the order under
Section 111 Cr.P.C must reflect that the Magistrate has assessed the
truth of the information received by him and there is an imminent need
for taking action to preserve peace.
6. A perusal of Annexure-A1 order reveals that the substance
of the information received by the Magistrate has not been clearly
delineated in the order. Though there is reference to one criminal case
a vague reference to the petitioner being involved in acts of violence
causing a breach of public peace, there is nothing specific in the
information that is recorded in the impugned order. It is evident that
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Annexure-A1 order does not satisfy the requirements laid down in the
various judgments of this Court including those in Moidu v. State of
Kerala (supra) and other judgments referred earlier.
7. In view of the above, the preliminary order issued in M.C.
No.181/2024 on the files of the Sub Divisional Magistrate Court, Kollam,
against the petitioner is bereft of any legal backing and is liable to be
quashed. Ordered accordingly.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:77971
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF ORDER DATED 18-03-2024 ISSUED
UNDER SECTION 111(1) OF CR.P.C. IN MC
Annexure A2 TRUE COPY OF THE REPORT DATED 09-03-2024
SUBMITTED BY THE 3RD RESPONDENT BEFORE THE
2ND RESPONDENT UNDER SECTION 107 CRPC
Annexure A3 TRUE COPY OF FIR DATED 21-05-2019 IN CRIME
NO. 1001/2019 OF KOLLAM EAST POLICE STATION
