A. BADHARUDEEN
Aji R. S/o Ravi – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’ hereinafter), by the petitioner, who is the accused in Crime No. 288/2022 of East Kallada Police Station, Kollam, now pending as M.C.No. 504/2024 on the files of the Sub Divisional Magistrate Court, Kollam and the prayer herein is as under:
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused Annexure A order and relevant decisions placed by the learned counsel for the petitioner.
3. The learned counsel for the petitioner would submit that, going by Annexure A order issued by the Sub Divisional Magistrate, Kollam against the petitioner herein, there was direction to show cause why proceedings under Section 107 of the Cr.P.C. could not be taken against him so as to execute bond for Rs.1 Lakh, referring only on
An order under Section 107 of the Cr.P.C. is invalid if it does not include the substance of the information received, the amount of the bond, the term for which it is to be in force, and the charact....
A preliminary order under Section 107 requires clear evidence of imminent threat to public peace, not merely past criminal involvement.
The main legal point established in the judgment is the mandatory nature of the procedural requirements under Section 107 and 111 of Cr.P.C., emphasizing the need for a full-fledged judicial enquiry ....
An order under Sections 126 and 130 must set forth the substance of information to ensure its validity.
The failure to serve a preliminary order under the BNSS invalidates the Magistrate's subsequent order; procedural legal safeguards must be met.
The necessity for the magistrate to provide concrete evidence of a threat to peace before issuing orders under Section 107 of the CrPC.
The absence of substance in a magistrate's order under Section 130 of BNSS renders it void, necessitating detailed grounds for action.
The Magistrate's failure to include substantive information in peace bond orders violates statutory mandates, necessitating procedural compliance to uphold public order.
The requirement for magistrates to provide substantive reasoning in peace bond orders is critical for legality under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Preventive order under Section 126 BNSS invalid without stating substance of information in writing per Section 130.
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