BINU GOPI – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
This Criminal Miscellaneous Case is filed to quash Annexure-I order passed by the Sub Divisional Magistrate, Pala, in M.C.No.75/2023. This order is passed by the Sub Divisional Magistrate invoking the powers under Section 107 read with 113 of the Criminal Procedure Code. The main contention of the petitioner is that Annexure-I order issued by the Sub Divisional Magistrate does not contain the substances of the information received for arriving at the satisfaction contemplated under the relevant provision. The counsel relied the judgments of this Court in Girish 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-I notice would not show that it is an order passed in tune with Section 107 r/w Section 111 Cr.PC. In Girish 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
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