High Court of KeralaSingle JudgePetitions allowed; Annexure-A3 orders quashed; ...

CRL.M.C. Nos. 9433/2022, 9441/2022, 9463/2022, 9464/2022, 9466/2022, 9478/2022 & 9471/2022

Case / Petition Number:CRL.M.C. Nos. 9433/2022, 9441/2022, 9463/2022, 9464/2022, 9466/2022, 9478/2022 & 9471/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2023-12-11
Court Decision / Holding
Petitions allowed; Annexure-A3 orders under Section 107 read with 111 Cr.P.C. against the petitioners are quashed. The proceedings initiated against them are set aside. The office is directed to communicate the order to the second respondent. All connected CRL.MCs are disposed of by this common order.
Final Disposition
Petitions allowed; Annexure-A3 orders quashed; connected petitions disposed of by common order.

Parties to the Case

Appellants / Petitioners

  • Kumari Thomas
  • Omana
  • K.V. Varghese
  • Sreekumar @ Appu
  • P. T. Thomas
  • Sanu T. S.

Respondents

  • State of Kerala represented by Public Prosecution, High Court of Kerala
  • The Sub Divisional Magistrate, Thiruvalla
  • The Station House Officer, Perinadu Police Station, Pathanamthitta District

Legal Representation & Advocates

Counsels for Petitioners

  • • Sergi Joseph Thomas

Counsels for Respondents

  • • Public Prosecutor
  • • Sri Hrithwick C.S., PP
  • • Sri Renjith T.R., PP

Case Synopsis & Summary

These connected Criminal Miscellaneous Cases arise from the Sub Divisional Magistrate Thiruvalla's notices under Section 107 read with Section 111 Cr.P.C., issued against several petitioners based on a single crime (Crime No. 350/2022) in Perinadu Police Station. The High Court consolidated these petitions, noting that the impugned Annexure-A3 orders show the counter-petitioners were called upon to enter into bonds for good behavior, but the orders merely reproduced crime numbers and generic phrases without detailing the facts that established imminent danger to public tranquility. The court reiterates established jurisprudence: under S.107, the authority must record substantive information, not merely rest on a case number; initiation must be grounded in an imminent risk of breach of peace and public tranquility at a particular place/time; there must be application of mind by the Sub Divisional Magistrate; the purpose of 107-111 Cr.P.C. is preventive restraint. The Court cites Santhosh M.V. v. State of Kerala and others (2014 (3) KLT 2837) and Ahammad Kabeer v. State of Kerala (2014 KHC 186) and Girish’s Case to emphasize that mere registration of crimes against a person does not justify invoking 107 Cr.P.C. Without the required substance, the order cannot stand. On this basis, the petitions are allowed and Annexure-A3 orders are quashed; the communication of this order to the 2nd respondent is directed; all connected cases are disposed by this common order.

Provisions of Law Cited

Section 107 Cr.P.C.Section 111 Cr.P.C.

Legal Doctrines & Maxims

  • The purpose of proceedings under Section 107 Cr.P.C. is to prevent breach of peace and disruption of public tranquility.
  • Mere registration of a crime against a counter petitioner is not by itself sufficient to initiate proceedings under Section 107 Cr.P.C.
  • The information relied upon to initiate proceedings must be substantive and stated in the order, not merely copied from form,
  • There must be application of mind by the Sub Divisional Magistrate and a reasoned order under Section 111 Cr.P.C. to justify initiation of bond for good behaviour
  • Cases cited: Santhosh M.V. v. State of Kerala and others (2014 (3) KLT 2837); Ahammad Kabeer v. State of Kerala and another (2014 KHC 186); Girish’s Case (cited supra)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge Annexure-A3 orders under Section 107 read with Section 111 Cr.P.C., arguing that the Sub Divisional Magistrate issued notices based on a single crime against each petitioner without stating the requisite information; the orders lack application of mind and fail to set out the facts or reasons showing imminent danger to public tranquility. They rely on established precedents (Santhosh M.V.; Ahammad Kabeer; Girish’s Case) that mere accusation in a separate case is not a valid basis to invoke 107 Cr.P.C. The remedy sought is quashing of Annexure-A3 and the initiation of proceedings against them under Cr.P.C.

Contentions of Respondents

State contends that initiation under Sections 107-111 Cr.P.C. is justified by information gathered from police and the existence of a risk to public order; the orders were issued to prevent potential breach of peace and public tranquility and are consistent with the preventive aim of Chapter VIII Cr.P.C. They argue that reasonable apprehension can arise from the information received and need not be a detailed narrative in every case.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Santhosh M.V. v. State of Kerala and others2014 (3) KLT 2837PositiveUsed to support the proposition that merely being an accused in a separate case is not sufficient to initiate Section 107 Cr.P.C. proceedings; application of mind and substantive information are required.
Ahammad Kabeer v. State of Kerala and another2014 KHC 186PositiveCited for the requirement that substance of information must be stated in the order under Section 107 Cr.P.C.; mere mentioning of crime numbers is insufficient.
Girish’s CaseN/APositiveCited to reinforce that the information relied upon must be stated in the order and not merely reproduced; emphasizes need for substantiation in the order.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9471 OF 2022 ``` ## **`CRIME NO.350/2022 OF PERUNAD POLICE STATION,`** ## **`PATHANAMTHITTA`** ``` AGAINST THE ORDER/JUDGMENT MC 72/2022 OF SUB DIVISIONAL ``` ## **`MAGISTRATE COURT,THIRUVALLA`** ## **`PETITIONER/RESPONDENT:`** ## `ARUN ANIRUDHAN` ``` AGED 39 YEARS, S/O. ANIRUDHAN, PAZHAYAPARAMBIL VEEDU, MAMBARA P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA., PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS /STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711` ``` BY ADV PUBLIC PROSECUTOR ``` ## **`BY ADV.`** ``` SRI HRITHWIK CS, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9433/2022, 9441/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 2 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9433 OF 2022 AGAINST THE ORDER/JUDGMENT MC 70/2022 OF SUB DIVISIONAL MAGISTRATE COURT,THIRUVALLA ``` ## **`PETITIONER/RESPONDENT:`** ``` KUMARI THOMAS ``` ``` AGED 56 YEARS, W/O. P.T. THOMAS, KOTTOOR THAZHATHETIL VEEDU, MADAMON, MADAMON P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA., PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [7 x 10] intentionally omitted <==** ``` BY ADV SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 4 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9441 OF 2022 ``` ``` CRIME NO.350/2022 OF PERUNAD POLICE STATION, ``` ## **`PATHANAMTHITTA`** ``` AGAINST THE ORDER/JUDGMENT MC 74/2022 OF SUB ``` ## **`DIVISIONAL MAGISTRATE COURT,THIRUVALLA`** ## **`PETITIONER/RESPONDENT:`** ## `OMANA` ``` AGED 62 YEARS, S/O. PANKAJAKSHAN PILLAI, KOTTOOR THAZHATHETHIL VEEDU, MADATHUMPADI, MADAMON P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA., PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [7 x 9] intentionally omitted <==** ``` DISTRICT, KERALA, PIN - 689711 ``` ``` BY ADV. SRI. HRITHWICK C.S., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 6 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 ``` ## **`CRL.MC NO. 9463 OF 2022`** ``` AGAINST THE ORDER/JUDGMENT MC 68/2022 OF SUB ``` ## **`DIVISIONAL MAGISTRATE COURT,THIRUVALLA`** ## **`PETITIONER/RESPONDENT:`** ## `K.V. VARGHESE` ``` AGED 66 YEARS, S/O VARGHESE, KARUVALLOOR VEEDU, MADAMON, MADAMON P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA, PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS /STATE & COMPLAINANT:`** ``` 1STATE OF KERALA ``` ``` REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101 ``` ``` 3THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711 ``` ``` BY ADV. SRI. HRITHWICK C.S., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 7 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9464 OF 2022 ``` ``` CRIME NO.350/2022 OF PERUNAD POLICE STATION, ``` ## **`PATHANAMTHITTA`** ``` AGAINST THE ORDER/JUDGMENT MC 69/2022 OF SUB ``` ## **`DIVISIONAL MAGISTRATE COURT,THIRUVALLA`** ## **`PETITIONER/RESPONDENT:`** ``` SREEKUMAR @ APPU AGED 62 YEARS, S/O KRISHNAN KUTTY, VAZHAVILAYIL VEEDU, MADAMON, MADAMON P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA, PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [7 x 10] intentionally omitted <==** ``` BY ADV ``` ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 9 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9466 OF 2022 ``` ``` CRIME NO.350/2022 OF PERUNAD POLICE STATION, ``` ## **`PATHANAMTHITTA`** ``` AGAINST THE ORDER/JUDGMENT MC 71/2022 OF SUB DIVISIONAL MAGISTRATE COURT,THIRUVALLA ``` ## **`PETITIONER/RESPONDENT:`** ``` P.T. THOMAS AGED 58 YEARS, S/O. THOMAS, KOTTOOR THAZHATHETIL VEEDU, MADAMON, MADAMON P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA., PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [13 x 10] intentionally omitted <==** ``` PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711 ``` ``` BY ADV ``` ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` 11 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945 CRL.MC NO. 9478 OF 2022 ``` ``` CRIME NO.350/2022 OF PERUNAD POLICE STATION, ``` ## **`PATHANAMTHITTA`** ``` AGAINST THE ORDER/JUDGMENT MC 73/2022 OF SUB DIVISIONAL MAGISTRATE COURT,THIRUVALLA ``` ## **`PETITIONER/RESPONDENT:`** ``` SANU T.S AGED 54 YEARS, S/O. SOMAN, THAMARASSERIL VEEDU, MAMBARA P.O., PERUNAD VILLAGE, RANNI, PATHANAMTHITA., PIN - 689711 ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031` - `2 THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA OFFICE OF THE SUB DIVISIONAL MAGISTRATE,, THIRUVALLAPATHANAMTHITTA., PIN - 689101` - `3 THE STATION HOUSE OFFICER PERINADU POLICE STATION, PATHANAMTHITTA DISTRICT, KERALA., PIN - 689711` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [13 x 9] intentionally omitted <==** ``` BY ADV. ``` ``` SRI. RENJITH T.R., PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2023, ALONG WITH Crl.MC.9471/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` 13 **P.V.KUNHIKRISHNAN, J. -------------------------------Crl.M.C. Nos.9433,9441,9463,9464, 9466, 9478 & 9471 of 2022 --------------------------------------------------Dated this the 11[th] day of December, 2023** ## **O R D E R** These Criminal Miscellaneous Cases are connected and same point is raised in these cases. Therefore, I am disposing of these Criminal Miscellaneous Cases by a common order. 2. The petitioners are challenging the orders passed by the Sub Divisional Magistrate, Thiruvalla in a proceedings under Section 107 Cr.P.C. In all these cases the proceedings under Section 107 Cr.P.C. r/w Section 111 Cr.P.C. is initiated against the petitioners. In these Criminal Miscellaneous Cases Annexure-A3 order ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [13 x 9] intentionally omitted <==** is the impugned order. The same is issued by the Sub Divisional Magistrate, Thiruvalla, based on a single criminal case registered against the respective petitioners. According to the petitioners the above order is unsustainable. 3. The short point is to be decided in these cases are whether the Sub Divisional Magistrate justified in issuing notice under Section 111 Cr.P.C. based on a single case. It is true that one case is registered against the respective petitioners in these cases. But in **Santhosh M.V. and others v. State of Kerala and others [2014 (3) KLT 2837]** , this Court observed that merely because the counter petitioner was made an accused in a case alone is not sufficient to initiate proceedings against him under Sec. 107 Cr.P.C. The relevant 15 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## portion of the above judgment is extracted hereunder : 17. “It is clear from the above order that there is nothing mentioned in the order regarding the reason for the authority to come to a conclusion that the activities of the counter petitioners in that proceedings gave a reasonable apprehension in the mind of the authority that they are likely to cause breach of peace and disrupt public tranquility at a particular time at a particular place which requires immediate intervention of the authorities to prevent such activities and for that purpose, they have to be called upon to enter on a bond to keep good behaviour for a particular period. In that case, the learned Sub Divisional Magistrate has only extracted the wordings in the printed form and extracted the case numbers in which the counter petitioner was made an accused. He had not mentioned as to how far that is relevant for the purpose of considering the question as to whether the counter petitioners have to be called upon to enter on a bond to prevent public tranquility or breach of peace in the locality. As discussed above, the very purpose of initiating proceedings under S.107 of the Code is to prevent public tranquility and breach of ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` 16 peace expected to be committed by the counter petitioners at a particular place at a particular time or period of time and it was intended to prevent that, that they are called upon to enter on a bond for good behaviour for a particular period, so that they can be prevented from participating in any act causing anticipated public tranquility or breach of peace in a particular place for a particular time. On a reading of the impugned order will go to show that there is nothing to infer from that order even to infer, the reason for the learned Sub Divisional Magistrate to come to such a conclusion that the counter petitioner must be asked to enter into a bond for the purpose mentioned under S.107 to 111 of the Code. The learned Magistrate has only reproduced the form without application of mind simply extracting the case numbers in which the counter petitioners were made accused. It is settled law that merely because the counter petitioner was made an accused in a case alone is not sufficient to initiate proceedings against him under S.107 of the Code. The purpose behind the initiation of proceedings is that there is an apprehension in the mind of the authorities that a particular person or set of persons is / are likely to involve in certain activities which is likely to create breach of peace ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` 17 and disrupt public tranquility in a particular place and presence of such persons in that place itself will be sufficient for that purpose and it is in the public interest that has to be prevented and for that purpose the proceedings will have to be initiated on the basis of the information received by the Sub Divisional Magistrate from the police or from other reliable sources and on that basis , he will have to satisfy the existence of such imminent necessity to initiate proceedings against that particular person and called upon to execute bond on good behaviour for a particular period so as to prevent that person causing any breach of peace or public tranquility in a particular place at that particular time. But a reading of the order of the Sub Divisional Magistrate will go to show that there is no application of mind by the learned Sub Divisional Magistrate in all these cases, but simply extracted the form quoted some crime numbers some of them were committed some two or three years ago and issued the order without passing any order as contemplated under S.111 of the Code so as to enable the counter petitioner to meet the grounds on which the proceedings have been initiated against him and as such, the procedure adopted by the Sub Divisional Magistrate, Thalassery in initiating proceedings ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [13 x 10] intentionally omitted <==** against the petitioners is illegal and without application of mind and the same are liable to be quashed as it is not passed in terms of the provisions provided under S.107 to 111 of the Code. So, the petitioners are entitled to the relief claimed in these petitions.” [underline supplied] 4. Similarly, in **Ahammad Kabeer v. State of Kerala and another [2014 KHC 186]** , this Court considered the ground necessary for initiating such proceedings, and the relevant ## portion is extracted hereunder : 12. “This was followed by this Court in the decision reported **Girish’s Case** (cited supra) wherein also it has been mentioned that unless the substance of the information is not stated in the order passed under S.107 of the Code of Criminal Procedure, the order is bad in law. Merely because a crime is registered is not a ground to initiate the proceedings under S.107 of the Code of Criminal Procedure. In this case also even in Annexure - D report, it is only mentioned that there were three crimes registered against the petitioner namely Crime No.164/07 under ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` 19 S.294(b) and S.506 read with S.34 of the Indian Penal Code and that is pending for trial, Crime No. 502/2008 under S.143, S.147, S.148, S.294 (b), 447, 323, 324 and 149 of the Indian Penal Code and Crime No. 1039/09 under S.294(b), S.341, S.324, S.302 read with S.34 of the Indian Penal Code which is now pending as CP No. 134/10 in trial. The counsel for the petitioner submitted that in all these cases the petitioner is on bail. In the first case namely Crime No. 164/2007, he was tried and acquitted by the Court. In the second a case namely Crime No. 502/2008, it was taken on file as CC No. 1768/08 and in that case after trial the case was posted for judgment. The murder case is now ripe for trial. So except these, there is nothing mentioned even in Annexure - D report that after the registration of these cases, the petitioner had involved in any other criminal activity for which any new crimes have been registered. So under the circumstances, there is some force in the submission made by the counsel for the petitioner that there is no valid information or substance furnished by the Sub Inspector of Police while sending Annexure - D report so as to enable the Sub Divisional Magistrate to initiate proceedings against the petitioner under S.107 of the Code of Criminal 20 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` Procedure. So in the absence of any valid reason stated in Annexure - D report and also in the absence of any particulars mentioned in Annexure - A order which satisfied the second respondent for initiating proceedings against the petitioner under S.107 of the Code of Criminal Procedure or to issue an order under S.111 of the Code of Criminal Procedure, initiating actions by the Sub Divisional Magistrate against the petitioner under S.107 and S.111 of the Code is unsustainable in law and the same is liable to be quashed. In the result, the petition is allowed. The proceedings initiated against the petitioner by the second respondent as MC No. 720/13 and further issuance of Annexure - A order under S.111 of the Code of Criminal Procedure against the petitioner are hereby quashed. Office is directed to communicate this order to the second respondent immediately.” 5. Similarly, the order dated 06.07.2018 in Crl.M.C. No. 4086/2018, the same point is considered. It will be beneficial to extract the relevant portion; 21 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` “3. I have perused Annexure-A1 order issued by the learned Sub Divisional Magistrate. It is stated that the petitioner is of aggressive nature and he commits crimes repeatedly. At the same time in the order it is specifically mentioned that he is accused only in one case, Crime No.2044 of 2017 registered for the offences under Sections 114, 143, 147, 294(b), 324, 427 and 452 read with 149 IPC. The statement that he commits crime repeatedly is wrong. There is no material to support the prosecution case. The facts of the case are not sufficient to attract Section 107 Cr.P.C. In the result, this Crl.M.C. is allowed. The proceedings in M.C. No.1012 of 2017 on the file of Sub Divisional Magistrate, Kollam are quashed.” 6. From the above dictum laid down by this Court, it is clear that merely because of the petitioner was made an accused in a criminal case, that itself is not sufficient to initiate proceedings against him under Section 107 of Cr.P.C. Therefore, I am of the considered opinion that Annexure-A3 proceedings initiated by the Sub ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` **==> picture [13 x 9] intentionally omitted <==** Divisional Magistrate, Thiruvalla against the respective petitioners in these cases are to be quashed. Therefore, these Criminal Miscellaneous Cases are allowed. Annexure-A3 order produced in these Criminal Miscellaneous Cases are quashed. Sd/- nvj **P.V.KUNHIKRISHNAN JUDGE** ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## 23 ## **`APPENDIX OF CRL.MC 9433/2022`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`|| |---|---|---| |`ANNEXURE A1`|`THE TRUE COPY OF THE`|`FIR IN CRIME`| ||`NO.350/2022 OF PERINADU POLICE`|| ||`STATION`|| |`ANNEXURE A2`|`THE CERTIFIED COPY `|`OF THE NON`| ||`COGNIZABLE`<br>`OFFENCE`|`INFORMATION`| ||`REPORT NO.8/2022, FILED BY THE`|| ||`S.H.O., PERINADU POLICE STATION`|| ||`BEFORE THE 3RD RESPONDENT.`|| |`ANNEXURE A3`|`THE TRUE COPY OF THE`|`ORDER DATED`| ||`29/10/2022 IN M.C.NO.`|`70/2022 OF`| ||`THE 2ND RESPONDENT`|| 24 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`APPENDIX OF CRL.MC 9441/2022`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE A1THE TRUE COPY OF THE FIR IN CRIME NO.350/2022 OF PERINADU POLICE STATION ``` ``` ANNEXURE A2THE CERTIFIED COPY OF THE NON COGNIZABLE OFFENCE INFORMATION REPORT NO.8/2022, FILED BY THE S.H.O., PERINADU POLICE STATION BEFORE THE 3RD RESPONDENT. ``` ``` ANNEXURE A3THE CERTIFIED COPY OF THE ORDER DATED 29/10/2022 IN M.C.NO. 74/2022 OF THE 2ND RESPONDENT ``` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## 25 ## **`APPENDIX OF CRL.MC 9463/2022`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`|| |---|---|---| |`ANNEXURE A1`|`THE TRUE COPY OF THE`|`FIR IN CRIME`| ||`NO.350/2022 OF PERINADU POLICE`|| ||`STATION`|| |`ANNEXURE A2`|`THE CERTIFIED COPY `|`OF THE NON`| ||`COGNIZABLE`<br>`OFFENCE`|`INFORMATION`| ||`REPORT NO.8/2022, FILED BY THE`|| ||`S.H.O., PERINADU POLICE STATION`|| ||`BEFORE THE 3RD RESPONDENT.`|| |`ANNEXURE A3`|`THE TRUE COPY OF THE`|`ORDER DATED`| ||`29/10/2022 IN M.C.NO.`|`68/2022 OF`| ||`THE 2ND RESPONDENT`|| 26 ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## **`APPENDIX OF CRL.MC 9464/2022`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE A1THE TRUE COPY OF THE FIR IN CRIME NO.350/2022 OF PERINADU POLICE STATION ``` ``` ANNEXURE A2THE CERTIFIED COPY OF THE NON COGNIZABLE OFFENCE INFORMATION REPORT NO.8/2022, FILED BY THE S.H.O., PERINADU POLICE STATION BEFORE THE 3RD RESPONDENT. ``` ``` ANNEXURE A3THE TRUE COPY OF THE ORDER DATED 29/10/2022 IN M.C.NO. 69/2022 OF THE 2ND RESPONDENT ``` ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## 27 ## **`APPENDIX OF CRL.MC 9466/2022`** ``` PETITIONER ANNEXURES ``` |`ANNEXURE A1`|`THE TRUE COPY OF THE FIR IN CRIME`| |---|---| ||`NO.350/2022 OF PERINADU POLICE`| ||`STATION`| |`ANNEXURE A2`|`THE CERTIFIED COPY OF THE NON`| ||`COGNIZABLE`<br>`OFFENCE`<br>`INFORMATION`| ||`REPORT NO.12/2022, FILED BY THE`| ||`S.H.O., PERINADU POLICE STATION`| ||`BEFORE THE 3RD RESPONDENT.`| |`ANNEXURE A3`|`THE TRUE COPY OF THE ORDER DATED`| ||`29/10/2022 IN M.C.NO. 71/2022 OF`| ||`THE 2ND RESPONDENT`| ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## 28 ## **`APPENDIX OF CRL.MC 9478/2022`** ``` PETITIONER ANNEXURES ``` |`ANNEXURE A1`|`THE TRUE COPY OF THE FIR IN CRIME`| |---|---| ||`NO.350/2022 OF PERINADU POLICE`| ||`STATION`| |`ANNEXURE A2`|`THE CERTIFIED COPY OF THE NON`| ||`COGNIZABLE`<br>`OFFENCE`<br>`INFORMATION`| ||`REPORT NO.14/2022, FILED BY THE`| ||`S.H.O., PERINADU POLICE STATION`| ||`BEFORE THE 3RD RESPONDENT.`| |`ANNEXURE A3`|`THE TRUE COPY OF THE ORDER DATED`| ||`29/10/2022 IN M.C.NO. 73/2022 OF`| ||`THE 2ND RESPONDENT`| ``` CRL. M.C. NOS.9433,9441,9463,9464,9466,9478 & 9471 OF 2022 ``` ## 29 ## **`APPENDIX OF CRL.MC 9471/2022`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE A1THE TRUE COPY OF THE FIR IN CRIME NO.350/2022 OF PERINADU POLICE STATION ANNEXURE A2THE CERTIFIED COPY OF THE NON COGNIZABLEOFFENCEINFORMATION REPORT NO.8/2022, FILED BY THE S.H.O., PERINADU POLICE STATION BEFORE THE 3RD RESPONDENT. ANNEXURE A3THE TRUE COPY OF THE ORDER DATED 29/10/2022 IN M.C.NO. 72/2022 OF THE 2ND RESPONDENT ``` RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE