Petitioner challenged an order under Section 107 CrPC directing execution of a bond. Court held proceedings under Section 107 CrPC must be terminated under Section 116(6) if not concluded within six months. Since inquiry expired, proceedings terminated.
Proceedings initiated in M.C.121 of 2007 are terminated under Section 116(6) of the Code of Criminal Procedure.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932
Crl.MC.No. 2194 of 2010()
-----------------------------MC.121/2007 of SUBDIVISIONAL MAGISTRATE COURT, FORT KOCHI
PETITIONER(S)/COUNTER PETITIONER
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SURESH S/O.SANKARAN, SANKARADI HOUSE, THEKKENALUVAZHI, NALUPARMBU,N.PARAVUR.
BY ADV. SRI.P.A.MARTIN ROY
RESPONDENT(S)/COMPLAINANT
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STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE,NORTH PARAVUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.I.V.PRAMOD
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
svs/
M.SASIDHARAN NAMBIAR, J
........................................... CRL.M.C..NO. 2194 OF 2010
............................................ DATED THIS THE 2nd DAY OF NOVEMBER,2010
ORDER
Petitioner, against whom proceedings were initiated under
Section 107 of Code of Criminal Procedure in M.C.121 of 2007 by Sub Divisional Magistrate, Fort Kochi filed this petition to quash Annexure I order, in Annexure II proceedings directing him to execute a bond for Rs.10,000/- for one year.
CRMA 2194/2010 2
any wrongful act that may probably occasion the breach of peace or disturb the public tranquility and he is of opinion that there is sufficient ground for proceeding, he may, in the manner provided thereafter under the Code require such person to show cause why he should not be ordered to execute a bond for keeping the peace for such period, not exceeding one year. Therefore, proceedings to be initiated under Section 107 of Code of Criminal Procedure, is to execute a bond for a period not exceeding one year.
Section 107 deems it necessary to require any person to show cause under such section, he shall make an order in writing, 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 ( if any) required. Section 116 provides for the enquiry. Under sub-section (1) when an order under Section 111 has been read or explained under Section 112, to a person in court, or when a person appears or is brought before a Magistrate in compliance with or in execution of, summons or warrant issued under Section 113,
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the Magistrate shall proceed to enquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. Sub-section (6) of Section 116 provides that the enquiry under the section shall be completed within a period of six months from the date of its commencement and if such enquiry is not so completed, the proceedings under the Chapter shall, on expiry of the said period, stand terminated unless for special reasons to be recorded in writing, the Magistrate otherwise directs. Sub-section (7) provides that where any order is made under sub-section (6) permitting the continuance of the proceedings, Sessions Judge may, on an application made to him by aggrieved party, vacate such direction, if he is satisfied that it was not passed on any special reason or was perverse.
CRMA 2194/2010
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II order. Even Annexure II order is directing the petitioner to execute a bond for a period of one year from 26.8.2008. That period has already expired.
proceedings initiated in M.C.121 of 2007 is terminated as provided under Section 116(6) of Code of Criminal Procedure.
M.SASIDHARAN NAMBIAR, JUDGE
lgk
3 issues framed by the court
Whether proceedings under Section 107 CrPC stand terminated after six months under Section 116(6) CrPC if not continued by special reasons.
Whether the Sub Divisional Magistrate erred in continuing proceedings past the statutory period of six months.
Whether the bond for keeping the peace directed under Section 107 CrPC is enforceable when proceedings were terminated.
3 provisions across 1 enactments
SURESH
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
