1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2011 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Crl.OP(MD)NO.5098 of 2011 and MP(MD)No.2 of 2011 1.S.Jeevanandam 2.S.Meerajohn 3.A.Lakshmanan' 4.P.Gowry Sankar 5.S.Kanagavel 5.M.Ramamoorthy :Petitioners -Versus- 1.The Inspector of Police, Oomachikulam Police Station, Madurai. 2.The Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai. :Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for entire records relating to the impugned proceeding in M.C.No.483 of 2011/M dated 09.04.2011 on the file of the second respondent and quash the same. For Petitioner : Mr.N.Sathish Kumar For Respondents: Mr.R.M.Anbunithi Government Advocate (Crl.side) ORDER This application is filed challenging the proceedings in M.C.No.483 of 2011/M dated 09.04.2011 by the Sub Divisional Magistrate, Madurai under Section 107 Cr.P.C. 2.It is submitted by the learned counsel for the petitioners that as per Section 107 Cr.P.C. when an Executive Magistrate receives information that any person is likely to commit a breach of peace, he may pass an order in writing and issue a show cause notice 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 required under Section 111 Cr.P.C. But in this case the substance of the information received was not stated and it has been stated that he received FIR from Oomachikulam police station for having committed an offence under Section 107 Cr.P.C. and without disclosing the substance of the information, the petitioners were asked to show cause why they should not be ordered to execute bonds for a sum of Rs.1,000/- as per section 111 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Government Advocate (Crl.side) submitted that the order was passed as per the provisions of Section 111 Cr.P.C. and the respondents may be given liberty to take action as per Section 107 Cr.P.C. 4.It is seen from the impugned order that on the basis of the FIR furnished by the Oomachikulam Police Station, proceedings were initiated under Section 107 Cr.P.C. by the second respondent and without disclosing the substance of the information, the petitioners were asked to show cause why they should not be directed to execute bonds. As per the violation of Section 111 Cr.P.C., the proceedings taken in M.C.No.483/2011/M is quashed and accordingly this petition is allowed. However, liberty is given to the respondents to initiate proceedings, if so warranted. Consequently, connected MP No.2 is closed. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The Inspector of Police, Oomachikulam Police Station, Madurai. 2.The Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +2CC to Mr.N.Satheesh Kumar, Advocate. SR.Nos.14989 and 15420. am RP/09.05.11/2P/6C. Crl.O.P.(MD).NO.5098 of 2011 25.04.2011 https://hcservices.ecourts.gov.in/hcservices/