Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
ABHISHEK – Appellant
Versus
STATE – Respondent
| Table of Content |
|---|
| 1. preliminary order challenge and jurisdiction issues. (Para 1 , 2) |
| 2. arguments regarding the validity of the order. (Para 3 , 4) |
| 3. court's observations on the lack of substance in the order. (Para 5 , 6) |
| 4. final ruling to quash the order. (Para 7) |
ORDER
This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A2 preliminary order in M.C.No.472 of 2020 dated 26.03.2021 issued by the Sub Divisional Magistrate, Punalur, 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 whi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
