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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
RAHUL – Appellant
Versus
STATE – Respondent
| Table of Content |
|---|
| 1. challenge to the legality of the sub divisional magistrate's order. (Para 1) |
| 2. arguments regarding the mechanical issuance of orders. (Para 2 , 3 , 4) |
| 3. court's observation on the completeness of information in the orders. (Para 5 , 6) |
O R D E R
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This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A2 order in M.C.No.126 of 2019 issued by the Sub Divisional Magistrate, Kollam, under Section 111 of the Code of Criminal Procedure (Cr.P.C.).
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. It is contended by the learned counsel for the petitioner that the Sub Divisional Magistrate had in a rather mechanical exercise of jurisdiction, issued preliminary order under Section 111 of Cr.P.C. against the petitioner. There has been no proper application of mind. The mandatory requirements to be complied with before proceeding to issue a preliminary order under Section 111 have not been met. The legal stipulation that the substance of information, based on which the proceedings are initiated, should be explained in an order issued under Section 111 Cr.P.C. has not been met while issuing Annexure A2 orde
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