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C. JAYACHANDRAN
AJITH S/O AYYAPPANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. The petitioner is a person against whom Annexure-4 Preliminary Order has been passed under Section 107 of the Cr.P.C. Petitioner seeks quashment of Annexure-4 on the premise that the same cannot be sustained in law.
2. Heard the Learned counsel for the petitioner and the learned Senior Public Prosecutor. Perused the records.
3. Learned counsel for the petitioner would submit that the petitioner is the accused in Crime No. 899/2022 of Chalakudy Police Station for offences alleged under Section 376 and 376(2)(n) of the Penal Code. Subsequently, another crime has been registered against the petitioner by the same defacto complainant, alleging that she was threatened by the petitioner. In the subsequent crime bearing no. 231/2023 of Koratty Police Station, the offences alleged are under Section 195 A and 506(1) of the Penal Code. On the basis of the report given by the 2nd respondent (S.H.O. Koratty Police Station), Annexure-4 Preliminary Order has been passed against the petitioner, under Section 111 of the Code of Criminal Procedure. Learned counsel would submit that the parameters to satisfy Section 107 of the Code have not been gone into by the Executive Magistrate, who iss
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.
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.
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....
A preliminary order under Section 111 of the Cr.P.C. must clearly state the substance of the information, failure of which invalidates the order.
Preliminary orders under Section 111 of the Cr.P.C. must provide substance of information; failure warrants quashing of such orders.
A preliminary order under Section 111 of the Cr.P.C. must provide a cogent summary of the information; failure to do so renders it invalid.
Judicial orders under Section 111 Cr.P.C. must disclose the substance of information to ensure fair defense; failure to do so invalidates the order.
Section 107 of Cr.P.C. is preventive in nature, aiming to ensure public tranquility and prevent breach of peace.
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