IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1922 of 2011() ------------------------------------- MC.9/2011 of SUB DIVISIONAL MAGISTRATE COURT, THIRUVALLA .................... PETITIONER(S): ---------------------- AJITHKUMAR @ KUTTAN, AGED 36 YEARS S/O.RAMACHANDRAN, KALLUKUNNELL VEEDU ANNICKADU MURI, ANNICKADU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 680031. 2. THE REVENUE DIVISIONAL OFFICER THIRUVALLA. 689 101. 3. THE SUB INSPECTOR OF POLICE KEEZHVAIPUR POLICE STATION. 689 587. BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1922/2011 APPENDIX PETITIONER'S ANNEXURE ANNEX.1:- COPY OF THE CRIME NO.43/2011 OF THE KEEZHVAIPUR POLICE STATION. ANNEX.2:- COPY OF THE CRIME 44/11 OF THE KEEZHVAIPUR POLICE STATION. ANNEX.3:- COPY OF THE CRIME 45/11 OF THE KEEZHVAIPUR POLICE STATION. ANNEX.4:- COPY OF THE NOTICE DTD. 27/1/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. ANNEX.5:- COPY OF THE JUDGMENT DTD. 12.12.2008 IN WP(CRL) 316/2008 OF THIS HONOURABLE COURT. ANNEX.6:- COPY OF THE REPRESENTATION DTD. 31.12.2009 BEFORE THE CHIEF MINISTER MADE A PETITIONER'S WIFE. ANNEX.7:- COPY OF THE COMMON JUDGMENT IN CRL.MC. 448/2011 DT. 22.2.2011, 457/2011 DTD. 22.2.2011 AND 458/2011 DTD. 22.2.2011 PETITIONER HAS CHALLENGED ANNEXURES 1 TO 3 BEFORE THIS HONOURABLE COURT. ANNEX.8:- COPY OF THE NOTICE UNDER SECTION 107 CR.PC. DT. R/W SEC. 111 IN MC. NO.9/2011 ISSUED BY SUB DIVISIONAL MAGISTRATE COURT, THIRUVALLA. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1922 of 2011 -------------------------------------- Dated this the 27th day of June, 2011. ORDER Petitioner is served with Annexure-8, preliminary order dated April 29, 2011 in M.C.No.9 of 2011 purporting to be under Section 107 read with Section 111 of the Code of Criminal Procedure (for short, “the Code”). Petitioner challenges the said order on the ground that the order does not reflect materials on which the Sub Divisional Magistrate is said to have formed satisfaction to issue a preliminary order. I have heard learned Public Prosecutor also. 2. Under Section 111 of the Code, the Sub Divisional Magistrate while acting under Sections 107 to 110 of the Code if he deems it necessary to require any person to show cause under the said provisions, he shall make an order in writing setting forth the substance of the information received and other matters stipulated in the provisions. Annexure-8, order does not state the information received by the Sub Divisional Magistrate. In the circumstances, the order cannot stand and is liable to be set aside. But I make it clear that this order will not stand in way of the Sub Divisional Magistrate complying with Section 111 of the Code and issuing a fresh order as provided under law. Crl.MC No.1922/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Annexure-8, preliminary order is set aside without prejudice to the Sub Divisional Magistrate issuing a fresh order as provided under law. THOMAS P.JOSEPH, Judge. cks