ORDER :

This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience) to quash Annexure-1 summons dated 22.10.2021 issued by the Sub Divisional Magistrate, Adoor in M.C. No.90 of 2021.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State.

3. The learned counsel for the petitioner submitted that Annexure-1 summons issued in form No.1 as per Section 61 of Cr.P.C. is not in conformity with the procedure laid down in Section 111 of Cr.P.C. and Section 111 of Cr.P.C. provides the manner in which order under Sections 107, 108, 109 or 110 of Cr.P.C. to be made.

4. According to the learned counsel for the petitioner, on perusal of Annexure-1, non compliance of Section 111 Cr.P.C. is apparent and therefore the order is perse illegal. Therefore, the quashment as such is liable to be allowed.

5. The learned Public Prosecutor also could not justify the order because the order does not depict the procedure provided under Section 111 of Cr.P.C.

6. The point arises for determination is; how an order to be made under Sections 107, 108, 109 and 110 of Cr.P.C.

7. Section 111 of Cr.P.C.