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2023 Supreme(Online)(KER) 3393

HIGH COURT OF KERALA
P. G. Ajithkumar, J
KISHORE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.S. THOSHI

O R D E R

This Crl.M.C. is filed to quash the proceedings in MC No. 515/2023 on the file of the Sub Divisional Magistrate, Thrissur. The above case is initiated based on Annexure-I order under Sec. 107 Cr.P.C. It is the case of the petitioner that Annexure-I preliminary order passed by the Sub Divisional Magistrate, Thrissur does not contain substance of the information received for arriving at the satisfaction contemplated under Sec. 107 Cr.P.C. The counsel relied the judgments of this Court in (2009 (4) KHC 929), (2014 KHC 522) and also State of Kerala and Another

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

3. A perusal of Annexure 1 notice would not show that it is an order passed in tune with Section 107 r/w Section 111 Cr.PC. In case (supra), the mandate of Section 111 and Section 107 Cr.PC are mentioned. It will be better to extract the relevant paragraph, which reads as follows:-

“5. S.107 of Code of Criminal Procedure enables an executive Magistrate on receiving information that a person is likely to commit breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or

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