IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Crl.MC.No. 298 of 2010() ------------------------ MC.180/2009 of SUB DIVISIONAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ------------------------ NAZAR @ SHAIKH NASSAR, AGE 39/09, S/O.B.K.KHADER HAJEE, SHAIKH PALACE, AYYAPPAN KAVE, VILAKKOD,. BY ADVS. MR.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP.BY S.I.OF POLICE, IRRITTY THROUGH PUBLIC PROSECUTOR, KERALA HIGH COURT, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.298 of 2010 -------------------------- ORDER Proceedings were initiated against the petitioner in M.C.No.180/2009 by the Sub Divisional Magistrate, Thalassery under Section 107 of Code of Criminal Procedure. Annexure-A1 preliminary order under Section 111 of Code of Criminal Procedure was passed directing the petitioner to appear and show cause why he shall not be required to execute a bond for Rs.12,000/- with two solvent sureties each for the like sum for keeping peace for a period of one year. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 order and the proceedings initiated contending that it is in violation of the mandatory provisions of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 298/10 2 3. Argument of the learned counsel is that Annexure-A1 order does not contain the substance of the allegation against the petitioner, as found by this Court in several other decisions and hence, Annexure-A1 order is to be quashed. It is argued that mere registration of a case is not sufficient to initiate proceedings under Section 107 of Code of Criminal Procedure and out of the two cases shown, one is a counter case and in such circumstances, it is not in the interest of justice to continue the prosecution. 4. I cannot agree with the submission of the learned counsel that Annexure-A1 order does not comply with the mandatory provisions under Section 111 of Code of Criminal Procedure. Section 111 provides that the order passed therein shall contain the substance of the information received by the Magistrate, based on which he got satisfied that proceedings under Section 107 of Code of Criminal Procedure is to be initiated. Annexure-A1 CRMC 298/10 3 order contains the said substance of the information. Whether it is sufficient to initiate proceedings under Section 107 of Code of Criminal Procedure and whether petitioner is liable to execute a bond, as stated in Annexure-A1 order, are all to be considered by the Sub Divisional Magistrate in accordance with law, when petitioner appears and show cause. Petitioner is at liberty to raise all the contentions before Sub Divisional Magistrate. If such contentions are raised, it is for the Sub Divisional Magistrate to consider the same and pass appropriate order in accordance with law. Petition is disposed. 24th February, 2010 (M.Sasidharan Nambiar, Judge) tkv