IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 1480 of 2010() ------------------------- (AGAINST ORDER DATED 18.3.2010 IN M.C.NO.4/2010 OF THE SUB DIVISION MAGISTRTE'S COURT, CHENGANNUR) PETITIONERS: --------------- 1. GOPALAKRISHNAN, S/O.KANDANKALI, RESIDING AT PANAMOOTTIL HOUSE, VEEYAPURAM MURI AND VILLAGE. 2. JANARDHANAN, S/O.THEVAN, PANAMOOTTIL HOUSE, VEEYAPURAM MURI AND VILLAGE. 3. VIJAYAN, S/O.PONNAPPAN, ATTUMALIL HOUSE, VEEYAPURAM MURI AND VILLAGE, BY ADV. SRI.T.MADHU RESPONDENT/STATE -------------------- 1. THE SUB DIVISIONAL MAGISTRATE, CHENGANNUR, OFFICE OF THE SUB DIVISIONAL MAGISTRATE, CHENGANNUR, ALAPPUZHA DISTRICT. 2. THE STATION HOUSE OFFICER, VEEYAPURAM POLICE STATION, ALAPPUZHA DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. By PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1480 OF 2010 --------------------------------------------- Dated 9th September, 2010 O R D E R Petitioners against whom proceedings were initiated by Sub Divisional Magistrate, Chengannur under Section 107 of Code of Criminal Procedure in M.C.4/2010 filed this petition to quash Annexure-A3 order passed under Section 111 of Code of Criminal Procedure. Annexure-A3 order only shows that it appeared to the Sub Divisional Magistrate that petitioners are involved in various crimes in Veeyapuram Police Station and are indulging in activities like criminal assaults which is likely to cause breach peace in the locality and therefore, they are to show cause why they should not execute a bond Crmc 1480/10 2 for keeping peace and good behaviour for a period of one year with two solvent sureties for a sum of Rs.10,000/- each. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order contending that the proceedings initiated is illegal. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Section 107 of Code of Criminal Procedure enables the Executive Magistrate on receiving information that any person is likely to commit a breach of the peace or disturb public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should Crmc 1480/10 3 not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding one year. Section 111 of Code of Criminal Procedure provides that if the Magistrate deems necessary to require any person to show cause under Section 107, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the terms for which it is to be in force and number, character and class of sureties, if any, required. Order to be issued under Section 111 shall set forth the substance of the information received, so that the person against whom proceedings are initiated could appear before the Executive Magistrate and show cause that the said information received based on which proceedings was initiated is not correct or the said informations are insufficient to initiate proceedings or to Crmc 1480/10 4 execute a bond as provided under Section 107 of Code of Criminal Procedure. Annexure-A3 order passed under Section 111 of Code of Criminal Procedure does not set forth the information so received. The allegation is that Sub Divisional Magistrate received credible information that petitioners are involved in various crimes. Even number of the crimes registered or the offences involved are not set forth in the order. In such circumstances, Annexure-A3 order can only be quashed, as it does not comply with the mandatory requirements of Section 111 of Code of Criminal Procedure. 4. Petition is allowed. Annexure-A3 order and the proceedings initiated is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.