IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Crl.MC.No. 1596 of 2009() ------------------------------------ MC. 1/2009 OF EXECUTIVE MAGISTRATE, ANDROT. ........ PETITIONER(S): ---------------------- 1. P.P.SAYED MOHAMMED NOORUL AMEEN, S/O.K.POOKOYA THANGAL, PADIPPURA HOUSE, ANDROTT ISLAND, LAKSHADWEEP-682 551. 2. P.P.HUSSAIN THANGAL, S/O.A.B.POOKOYA THANGAL, PADIPPURA HOUSE, ANDROTT ISLAND, LAKSHADWEEP-682 551. 3. P.V.P.ABDUL SALEEM, S/O.NALLA KOYA.P.P., PENTAMVELIPURA, ANDROTT ISLAND, LAKSHADWEEP-682 551. 4. SAYED MOHAMMED UVAISE.A.B., S/O.P.KOYA THANGAL, ALAIYATHUMMADA BEETHATHABIYAPURA, ANDROTT ISLAND, LAKSHADWEEP-682 551. 5. A.B.MOHAMMED YASEEN, S/O.P.P.T.MOHD.KASSIM, ALAIYATHUMMADA BEEBIYAPURA, ANDROTT ISLAND, LAKSHADWEEP-682 551. 6. SAYED AGALAM MUBARAK.P.P., S/O.K.KOYA PUTHIYAVEEDU HOUSE, ANDROTT ISLAND, LAKSHADWEEP-682 551. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE MR.T.RAMPRASAD UNNI MR.C.S.ABDUL SAMMAD CRMC. NO.1596/2009 RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXECUTIVE MAGISTRATE, ANDROTT UNION TERRITORY OF LAKSHADWEEP-682 551. R1 BY PUBLIC PROSECUTOR MR.S.U.NAZAR R2 BY ADV. MR.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO.2653/2009 IN CRMC. NO.1596/2009 DISMISSED 12/11/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE TRUE COPY P.S. TO JUDGE tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1596 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER The Executive Magistrate, Androt by Annexure A order dated 8.5.2009 initiated proceedings under section 107 of Code of Criminal Procedure Code, by issuing an order under section 111 of Code of Criminal procedure directing petitioners to attend the court on 12.5.2009 at 12.30 a.m and to show cause why they should not be ordered to execute a bond for Rs.10,000/- with two solvent sureties each for the like sum, to keep peace, for a term of one year alleging that based on the report of the Officer-in-Charge of the Androt Police Station he is satisfied that petitioners are likely to cause breach of peace and disturbance to the public tranquility. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that it is an abuse of process of the court and in violation of the mandatory provision under section 111 which provides that the order in writing shall setforth the substance of the information received and Annexure A order does not Crl.M.C.1596/2009 2 disclose the substance of the information received and therefore it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor appearing for the Lakshadweep Administration were heard. 3. As rightly pointed out by the learned counsel appearing for petitioners, Annexure A order was passed on 8.5.2009 and petitioners were directed to appear and show cause why they shall not execute a bond on 12.5.2009. As mandated under sub section (6) of Section 116 of Code of Criminal Procedure, an inquiry under section 116 which is mandatory when petitioners appear before the Magistrate as provided under the Order under section 111 of the Code of Criminal Procedure, shall be completed within a period of six months from the date of its commencement and “if such inquiry is not so completed, the proceedings on the expiry of the period shall stand terminated unless for special reasons to be recorded in writing the Magistrate otherwise directs”. Learned counsel submitted that as the inquiry commenced from 12.5.2009, the period of six months expired on 11.5.2009. Learned Public Prosecutor submitted that showing the special reasons in writing as provided under sub section (6) of Section 116, the Executive Magistrate Crl.M.C.1596/2009 3 has not directed otherwise. Therefore in view of sub section (6) of Section 116 the proceedings should stand terminated on the expiry of six months from 12.5.2009. Moreover, as rightly pointed out by the learned counsel appearing for the petitioners, when the substance of the information is not recorded in Annexure A order, it cannot be treated as an order passed under section 111 and on that ground also the proceedings is to be quashed. Petition is allowed.Annexure A order of Executive Magistrate, Androth initiating Section 107 of Code of Criminal Procedure is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006