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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
JAYAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
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| 1. the case was filed against a preliminary order under section 111 of the cr.p.c. (Para 1 , 2) |
| 2. the petitioner challenged the validity based on lack of proper jurisdiction. (Para 3 , 4) |
| 3. court observations noted that the required information was insufficient in the order. (Para 5 , 6) |
| 4. the court's final determination was to quash the preliminary order. (Para 7) |
ORDER
This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A2 preliminary order in M.C.No. 440 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 whi
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