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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
P.S. RAJENDRAPRASAD – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges the authority of the magistrate's order. (Para 1 , 2) |
| 2. discussion on statutory requirements for magistrate's orders. (Para 3 , 4 , 5) |
| 3. conclusion to set aside the original order. (Para 6) |
| 4. court references precedents establishing necessity for information. (Para 8) |
ORDER
The petitioner is the counter petitioner in M.C.No.785/2025 pending before the Court of the Sub Divisional Magistrate, Fort Kochi.
2. The petitioner has been served with Annexure-1 order, directing him to show cause why he should not be ordered to execute a bond for Rs.1,00,000/- with two solvent sureties for the like amount to keep peace for a period of one year as contemplated under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short). The petitioner contends that Annexure-1 order is unsustainable in law because the Sub Divisional Magistrate has not set forth the substance of the information in the said order, which is mandatory under read with of the , and the law laid down by this Court in Moidu vs. State of Kerala (1982 KHC 139). Therefore, Annexure-1 order may be quashed.
3. Heard; Sri. Manoranjan V.R., the learned C
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