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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
KAVIN DEV V K. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge against preliminary order issuance without proper substantiation. (Para 1 , 3) |
| 2. arguments regarding validity and adherence to procedural requirements. (Para 2 , 4) |
| 3. magistrate's duty to provide clear information under law. (Para 5 , 6) |
| 4. final order of quashing the preliminary order. (Para 7) |
O R D E R
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This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A1 preliminary order in M.C.No. 354 of 2021 dated 16.12.2021 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 exp
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