K. Ramakrishnan, J.

1. This is an application filed by the petitioner to quash Annexure-A order issued by the Sub Divisional Magistrate, Kollam under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that Annexure -A order dated 21.12.2013 is issued against the petitioner under Section 111 of the Code of Criminal Procedure on the basis of vague allegations. There is nothing mentioned in that order regarding the information received, which prompted the second respondent to issue Annexure-A order. So the petitioner has no other remedy except to approach this Court seeking the following relief:

For these and other grounds to be urged at the time of hearing, it is most humbly prayed that, this Hon'ble Court may be pleased to call for the records relating to Annexure A order and quash all proceedings in furtherance to the same in MC.No.720/13 of Sub Divisional Magistrate, Kollam forthwith.

3. This Court has called for a report from the Sub Divisional Magistrate namely the second respondent regarding the circumstances which warranted issuance of Annexure-A order, for which a statement has been filed through Senior Superintendent of that office which reads as follows:

“It is submitted that, the Sub Inspector of Police, Kadakkal has filed an FIR under Section 107 Cr.P.C before this Honourable Court vide Frime No.158/13 has reported that Sri. Ahammed Kabeer, S/o. Aliyarukunju, Melecharuvil Veedu, Elampazhannoor, Kadakkal Village is indulging in criminal activities frequently, causing threat to public tranquility and peaceful life of the resident of Kadakkal and Elampazhanoor and nearby places and further pleaded that the counter petitioner (Ahammed Kabeer) be required to enter into a bond with this Court for keeping peace for one year and issued summons. Matter has been examined by this Court from the report submitted by the petitioner (Sub Inspector of Police, Kadakkal), it is seen that three crimes viz., 164/2007,502/2008 and 1039/2009 have already been registered against the counter petitioner, under various sections of Indian Penal Code, for petitions received from Sri. Purushothaman, Biju Bhavan, Kunnupuram, Elampapzhannoor, Sri. Nazarudheen, Vengamootil Veedu, Poredam, Chadayamangalam Village and Sri.Ramli, S/o. Muhammed Sali, Charuvila Puthen Veedu, Poredam, Chadayamangalam respectively. From the aforesaid substances, it is seen that the counter petitioner is of aggressive nature and committing crimes repeatedly, the former case is of assaulting the witness with the intention of murder, according to the petitioner and therefore, it appears to this Court that the counter petitioner is likely to cause breach of peace and public tranquility in Kadakkal and Elampazhannoor and nearby places.

2. On the basis of FIR, a case was registered as MC.No.720/2013 in this Court, exercising the power of the Sub Divisional Magistrate Court, and issued orders under Section 111 Cr.P.C to the counter petitioner to appear before this Honourable Court of Sub Divisional Magistrate, Kollam on 08.01.2014. On 08.01.2014 case was adjourned to 05.02.2014. On 05.02.2014, counter petitioner absent but the counsel of the CP attend the Court, filed Vakkalath and filed leave application. The case postponed to 21.03.2014. The action of the Sub Divisional Magistrate is as per law.”

4. Heard the counsel for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that even going by the allegations in the crime registered for initiating proceedings under Section 107 of the Code of Criminal Procedure against the petitioner, there is no allegation that he has involved in any other crime in the recent past. The crimes registered against the petitioner were of more than three years and five years old. So there is no necessity for the second respondent to initiate the proceedings against the petitioner of such a nature. The counsel for the petitioner has relied on the decision reported in