A. BADHARUDEEN
Syed Ali Akbar Khan, S/o. Pookoya Thangal – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Crl.M.C has been filed seeking the following reliefs:
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the order and the relevant provisions.
3. Annexure A Order dated 23.09.2023, issued by the Sub Divisional Magistrate, Perinthalmanna in M.C. No.387 of 2023 is under challenge in this petition.
4. While assailing the order, the learned counsel for the petitioner would submit that preliminary order with a direction to execute bond for Rs.50,000/-with two solvent sureties for the like amount to keep the peace for a period of one year as contemplated in Section 107 r/w Section 111 of the Code of Criminal Procedure (Cr.PC for short) has been passed against the petitioner, without any justifiable reasons. It is submitted that the order has been passed after referring only one crime viz. Crime No.1 of 2023 alleging commission of offences punishable under Section 354-A(1)(i) of Indian Penal Code as well as under Sections 8, 7, 9(l) & 9(m) and 10
A preliminary order under Section 107 requires clear evidence of imminent threat to public peace, not merely past criminal involvement.
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....
Invocation of Section 107 requires the Executive Magistrate's satisfaction of specific grounds for potential breach of peace, which was not met in this case.
The failure to serve a preliminary order under the BNSS invalidates the Magistrate's subsequent order; procedural legal safeguards must be met.
An Executive Magistrate can initiate proceedings under S. 107 Cr.P.C. without a prior incident if there is a likelihood of a breach of peace.
Court requires substantive information for orders under BNSS to ensure legality and justification.
The Executive Magistrate must exercise discretion under Section 107 of the Cr.P.C. and cannot act solely on police reports without sufficient grounds for potential public disturbance.
Detailed substantiation of allegations is mandatory for issuing preventive orders under BNSS.
Orders related to preventive action require strict adherence to procedural law, including the disclosure of all relevant particulars; failure to do so renders the orders unsustainable.
A preliminary order under Section 130 must state the substance of information; failure to do so renders the order invalid.
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