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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
SANTHOSH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to preliminary order under section 111 cr.p.c. (Para 1) |
| 2. arguments for and against the validity of the preliminary order. (Para 2 , 3) |
| 3. court’s legal reasoning and requirements for a valid order. (Para 4 , 5 , 6) |
| 4. final ruling and clarification on future actions under the law. (Para 7) |
ORDER
Dated this the 02nd day of February, 2026
This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A1 preliminary order in M.C.No.99 of 2021 dated 09.11.2021 issued by the Sub Divisional Magistrate, Muvattupuzha, 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 a preliminary order under Section 111 of Cr.P.C. against the petitioner. There has been no proper application of mind and 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 proce
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