ORDER

This Crl.MC is filed to quash Annexure 3 preliminary order dated 20.07.2023 in M.C.No.285/2023 on the files of the Sub Divisional Magistrate's Court, Perinthalmanna. The above case is initiated under Section 111 Cr.PC. It is the case of the petitioner that Annexure 3 notice issued by the 1st respondent does not contain the substances of the information received by the 1st respondent for arriving at the satisfaction contemplated under Section 107 Cr.PC. The counsel relied the judgments of this Court inGirish P. and others v. State of Kerala and another (2009 (4) KHC 929), Santhosh M.V and others vs. State of Kerala and others ( 2014 KHC 522 ) and also Bejoy K.V vs State of Kerala and Another ( 2015 (5) KHC 507 ).

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

3. A perusal of Annexure 3 notice would not show that it is an order passed in tune with Section 107 r/w Section 111 Cr.PC. InGirish P' 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 informatio