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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
BABY T.M. – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE, SUB-DIVISIONAL MAGISTRATE OFFICE, CIVIL STATION, IDUKKI – Respondent
| Table of Content |
|---|
| 1. challenge to preliminary order under cr.p.c. (Para 1) |
| 2. arguments against and in support of preliminary order (Para 2 , 3 , 4) |
| 3. observations on validity and requirements of the order (Para 5 , 6) |
| 4. outcome of the case and quashing of order (Para 7) |
O R D E R
Dated this the 25th day of October, 2025 This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure 1 preliminary order in M.C.No.18 of 2020 issued by the Sub Divisional Magistrate, Idukki, 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 in a rather mechanical exercise of jurisdiction, issued preliminary order under Section 111 of Cr.P.C. against the petitioner. The impugned order produced as Annexure 1, in this Crl.M.C. has been issued without proper application of mind. The mandatory requirements to be complied with before proceeding to issue a preliminary order under Section 111 have not been complied with. The legal stipulation that the substance of information, based on which the proceedings
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