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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
RAJESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to the order and legal representation. (Para 1 , 2 , 3) |
| 2. contentions by respondents and counterarguments. (Para 4) |
| 3. court's observations on the adequacy of the order. (Para 5 , 6) |
| 4. outcome of the proceedings. (Para 7) |
O R D E R
Dated this the 23rd day of January, 2026 This Criminal Miscellaneous Case is filed by the petitioner challenging Annexure A1 preliminary order in M.C.No.104 of 2021 dated 16.08.2021 issued by the Sub Divisional Magistrate, Irinjalakuda, 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 proceedings are initiated, should be explained in an order issued under
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