IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 2194 of 2010() ------------------------------ MC.121/2007 of SUBDIVISIONAL MAGISTRATE COURT, FORT KOCHI .................... PETITIONER(S)/COUNTER PETITIONER ---------------------------------------------- SURESH S/O.SANKARAN, SANKARADI HOUSE, THEKKENALUVAZHI, NALUPARMBU,N.PARAVUR. BY ADV. SRI.P.A.MARTIN ROY RESPONDENT(S)/COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE,NORTH PARAVUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR, J ........................................... CRL.M.C..NO. 2194 OF 2010 ............................................ DATED THIS THE 2nd DAY OF NOVEMBER,2010 ORDER Petitioner, against whom proceedings were initiated under Section 107 of Code of Criminal Procedure in M.C.121 of 2007 by Sub Divisional Magistrate, Fort Kochi filed this petition to quash Annexure I order, in Annexure II proceedings directing him to execute a bond for Rs.10,000/- for one year. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. M.C.121 of 2007 was initiated under Section 107 of Code of Criminal Procedure on 24.11.2007. As is clear from Annexure I proceeding sheet, the proceedings continued even on 1.6.2010. Annexure II order was passed on 26.8.2008 directing the petitioner to execute a bond for Rs.10,000/- for a term of one year. 4. Section 107 of Code of Criminal Procedure provides that when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb public tranquility or to do CRMA 2194/2010 2 any wrongful act that may probably occasion the breach of peace or disturb the public tranquility and he is of opinion that there is sufficient ground for proceeding, he may, in the manner provided thereafter under the Code require such person to show cause why he should not be ordered to execute a bond for keeping the peace for such period, not exceeding one year. Therefore, proceedings to be initiated under Section 107 of Code of Criminal Procedure, is to execute a bond for a period not exceeding one year. 5. Section 111 provides that when a Magistrate acting under Section 107 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties ( if any) required. Section 116 provides for the enquiry. Under sub-section (1) when an order under Section 111 has been read or explained under Section 112, to a person in court, or when a person appears or is brought before a Magistrate in compliance with or in execution of, summons or warrant issued under Section 113, CRMA 2194/2010 3 the Magistrate shall proceed to enquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. Sub-section (6) of Section 116 provides that the enquiry under the section shall be completed within a period of six months from the date of its commencement and if such enquiry is not so completed, the proceedings under the Chapter shall, on expiry of the said period, stand terminated unless for special reasons to be recorded in writing, the Magistrate otherwise directs. Sub-section (7) provides that where any order is made under sub-section (6) permitting the continuance of the proceedings, Sessions Judge may, on an application made to him by aggrieved party, vacate such direction, if he is satisfied that it was not passed on any special reason or was perverse. 6. Under Section 116, proceedings initiated on 24.11.2007 shall stand terminated on the expiry of six months, if it is not recorded that it is to be continued as provided under the section. Annexure I order shows that without taking note of this mandatory provision, Sub Divisional Magistrate continued the proceedings and passed Annexure CRMA 2194/2010 4 II order. Even Annexure II order is directing the petitioner to execute a bond for a period of one year from 26.8.2008. That period has already expired. 7. In such circumstances, petition is disposed directing that proceedings initiated in M.C.121 of 2007 is terminated as provided under Section 116(6) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR, JUDGE lgk