1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2011 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.(MD).NO.4391 of 2011 and M.P.(MD)NO.1 of 2011 Rajendran .. Petitioner / Petitioner Vs. State represented by, Inspector of Police, Panavadali Chathiram Police Station, Cr.No.31/2011, Tirunelveli District. .. Respondent /Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in M.C.No.79 of 2011 dated 21.03.2011 on the file of the learned Sub-Divisional Magistrate-cum- Revenue Divisional Officer, Tirunelveli, Tirunelveli District and to quash the same. For Petitioner : Mr.S.Ragaventhre For Respondent : Mr.P.Kannithevan, Govt. Advocate (Crl. Side) O R D E R This application is filed to quash the proceedings in M.C.No.79/2011 on the file of the learned Sub Divisional Magistrate-cum-Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2. It is submitted by the learned counsel for the petitioner that the proceedings was issued against the provisions of Sections 107 and 111 Cr.P.C. and even according to the order, on the basis of one instance, case was registered under Section 107 Cr.P.C and this Court has held in 1994-1- L.W.(Crl.) 314 (Rajaram Reddiar & 17 others Vs. State by Inspector of Police, Ulundurpet, Thirunavalur Police Station) that 107 Cr.P.C. Proceedings cannot be initiated on the basis of a single instance. He therefore, submitted that the proceedings are liable to be quashed. 3. The learned Government Advocate (Crl. Side) submitted that having regard to the allegations made in the F.I.R. in Crime No.31/2011, the proceedings were initiated by the learned Sub Divisional Magistrate-cum- Revenue Divisional Officer, Tirunelveli, Tirunelveli District and therefore, there is no infirmity in the order passed. 4. According to me, as per Section 107 Cr.P.C., when an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such persons to show cause why he should not be ordered to execute a bond. https://hcservices.ecourts.gov.in/hcservices/ 2 Therefore, the Sub Divisional Magistrate-cum-Revenue Divisional Officer, Tirunelveli, Tirunelveli District has to satisfy himself on the basis of the information of the respondent police and that must also made explicit in the proceedings initiated by him calling upon the petitioner to show cause why he should not be directed to execute a bond. 5. In this case, a perusal of the proceedings in M.C.No.79/2011 did not disclose any satisfaction of the learned Sub Divisional Magistrate-cum- Revenue Divisional Officer, Tirunelveli, Tirunelveli District and he simply reproduced the contents of the F.I.R. and initiated proceedings under Section 111 Cr.P.C. and there is no whisper of his satisfaction on the basis of the contention of F.I.R filed against the petitioner. Hence, the order was passed in violation of proceedings under Section 107 Cr.P.C. Further, as rightly submitted by the learned counsel for the petitioner that this Court has held in 1994-1-L.W.(Crl.) 314 (Rajaram Reddiar & 17 others Vs. State by Inspector of Police, Ulundurpet, Thirunavalur Police Station) that 107 Cr.P.C. Proceedings cannot be initiated on the basis of a single instance. 6. Considering all these facts, this petition is allowed and the proceedings in M.C.No.79/2011 on the file of the learned Sub Divisional Magistrate-cum-Revenue Divisional Officer, Tirunelveli, Tirunelveli District is quashed. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( RTI ) /TRUE COPY/ SUB ASST REGISTRAR vsm To 1.The Inspector of Police, Panavadali Chathiram Police Station, Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. 3.The Sub Divisional Magistrate cum Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 1CC TO MR.S. RAGAVENTRE, ADVOCATE, SR: 20516: DM:2011:JULY:13:: Crl.O.P.(MD).NO.4391 of 2011 27.06.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/