Allowed

Sreehari U.K v. the State of Kerala

Kerala HC6 Mar 2020Crl.MC/871/2020

Case brief

AI extract

What is this about?

In five combined criminal miscellaneous cases, this court quashed preliminary orders and notices issued by the Sub Divisional Magistrate under Sections 107 and 111 of Cr.P.C. The order held that the Magistrate failed to apply mind to police reports and provide reasons for anticipating breach of peace, rendering the proceeding *per incuriam*. No atrocious conduct was found; procedural flaws require

What did the court decide?

The impugned notices under Section 111 of Cr.P.C. are set aside. The Crl.M.Cs. are disposed of with a direction for fresh examination of reports if reasons still exist.

Sreehari U.K Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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Crl.MC.No.863 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN MC 166/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR

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CRIME NO.381/2019 OF Koodal Police Station , Pathanamthitta

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PETITIONER/RESPONDENT:

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PRADEEP KUMAR P., AGED 42 YEARS, S/O.PRABHAKARAN, METHANTAYYATHU VEEDU, KALANJOOR MURI, KALANJOOR P.O AND VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689694.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689693.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH Crl.MC.866/2020(G), Crl.MC.871/2020(H), Crl.MC.874/2020(H), Crl.MC.877/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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Crl.MC.No.866 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN MC 162/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR

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CRIME NO.361/2019 OF Koodal Police Station, Pathanamthitta

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PETITIONER/RESPONDENT:

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ABHIRAM S. BABU, AGED 22 YEARS, S/O SURESH BABU, VISHNU BHAVANAM, CHAKKITTA, KALANJOOR MURI, KALANJOOR P.O. AND VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689 694.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM-682 031.

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2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689 693.

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OTHER PRESENT:

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SRI.RAMESH CHAND, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH Crl.MC.863/2020(G), Crl.MC.871/2020(H), Crl.MC.874/2020(H), Crl.MC.877/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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Crl.MC.No.871 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN MC 159/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR

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CRIME NO.364/2019 OF Koodal Police Station , Pathanamthitta

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PETITIONER/RESPONDENT:

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SREEHARI U.K.,

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AGED 21 YEARS, S/O.UNNIKRISHNAN, ASHA BHAVANAM, KANCHODU, KALANJOOR P.O. KONNI TALUK, PATHANAMTHITTA DISTRICT - 689 694.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT - 689 693.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH Crl.MC.863/2020(G), Crl.MC.866/2020(G), Crl.MC.874/2020(H), Crl.MC.877/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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¶56

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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Crl.MC.No.874 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN MC 161/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR

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CRIME NO.362/2019 OF Koodal Police Station, Pathanamthitta

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PETITIONER/RESPONDENT:

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HARIKRISHNAN, AGED 31 YEARS, S/O.RADHAKRISHNAN ACHARI, KRISHNA VILASAM, KALLARETH, KALANJOOR.P.O AND VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689694.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689693.

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OTHER PRESENT:

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SRI.RAMESH CHAND, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH Crl.MC.863/2020(G), Crl.MC.866/2020(G), Crl.MC.871/2020(H), Crl.MC.877/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶75

PRESENT

¶76

THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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Crl.MC.No.877 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN MC 163/2019 OF SUB DIVISIONAL MAGISTRATE, ADOOR

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CRIME NO.381/2018 OF Koodal Police Station, Pathanamthitta

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PETITIONER/RESPONDENT:

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NANDHU T. NAIR, AGED 26 YEARS, S/O THULASEEDHARAN NAIR, ETTIVILA THEKKETHIL, EDATHARA, KALANJOOR MURI, KALANJOOR P. O. AND VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT - 689 694.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT - 689 693.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH Crl.MC.863/2020(G), Crl.MC.866/2020(G), Crl.MC.871/2020(H), Crl.MC.874/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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COMMON ORDER

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[ Crl.MC.863/2020, Crl.MC.866/2020, Crl.MC.871/2020, Crl.MC.874/2020, Crl.MC.877/2020 ]

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Dated this the 6th day of March 2020

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The petitioners have received notice under Section

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111 of Cr.P.C. to execute bond for keeping peace for a

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period of one year in MC Nos.166/2019, 162/2019, 159/2019, 161/2019 and 163/2019 by the Sub Divisional Magistrate Court, Adoor, vide orders at Annexure A7/A8 in each of the cases. The impugned order of the Sub Divisional Magistrate is based on Annexure A4 reports submitted by the Sub Inspector of Police, Koodal to initiate proceedings under Section 107 of Cr.P.C. He

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has stated the reasons why action under Section 107 is to be initiated against the petitioners, all of whom have criminal antecedents. The learned Sub Divisional Magistrate has in the impugned orders referred to the

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reports filed by the Sub Inspector of Police and

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mentioned about the crimes against the petitioners, which has been initiated against them, and in a single

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line order, it is stated that she is satisfied by the facts stated about the counter-petitioners and that they are

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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likely to commit breach of peace within the territorial jurisdiction of the court and therefore proceedings are

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taken to issue notice under Section 111 of Cr.P.C for initiating proceedings under Section 107 of Cr.P.C.

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In innumerable decisions, including in Girish P.

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and others v. State of Kerala and another, 2009(4) KHC 929 as also in

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Moidu v. State of Kerala, 1982 KLT 578, this Court has held that in the order passed by the Sub Divisional Magistrate calling upon the counter-petitioners to execute bond under Section 107 of Cr.P.C, it is essential that the

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substance of the information based on which the proceedings initiated has to be explained. But in the instant case, even though, there are several matters stated in the report filed by the Sub Inspector of Police, just by a cursory reference to that report, the Sub Divisional Magistrate has not applied mind to the facts stated therein so as to come to a conclusion

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whether an order of keeping peace is required and essential to be passed against the petitioners. The order is cryptic and does not explain in detail the report and

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reasons for passing order under Section 107 of Cr.P.C.

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¶113

Crl.M.C.Nos.863,866,871,874&877 of 2020

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Mere existence of criminal cases against the

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persons alone may not be sufficient to execute a bond for peace under Section 107 of Cr.P.C. Something more than that is necessary, and I am sure that, had the Sub Divisional Magistrate applied her mind to the reports filed by the Sub Inspector, a proper order could have been passed. In the absence of the description giving the substance of the information, notice under Section 111 of Cr.P.C is not sufficient and therefore, the impugned notices under Section 111 are set aside. However, it is made clear that nothing precludes the Sub Divisional Magistrate to examine the reports filed

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afresh and pass orders in accordance with law and the precedents of this Court, in case, the reasons for such action is still available to the Sub Divisional Magistrate. Accordingly, the Crl.M.Cs. are disposed of.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.Nos.863,866,871,874&877 of 2020

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¶123

APPENDIX OF Crl.MC 863/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	COPY OF THE FIR NO.358/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA.
ANNEXURE A2	COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.
ANNEXURE A3	COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS C.C.NO.1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA.
ANNEXURE A4	COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.
ANNEXURE A5	COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS
	M.C.NO.166/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR.
ANNEXURE A6	COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE ADOOR TO THE PETITIONER IN M.C.NO.166/2019.
ANNEXURE A7	COPY OF THE PRELIMINARY ORDER DATED 06.05.2019 UNDER S.111 OF CR.PC IN MC NO.166/2019.
ANNEXURE A8	CERTIFIED COPY OF THE ORDER SHEET OF M.C NO.166/2019 ON THE FILED SUB DIVISIONAL MAGISTRATE COURT,ADOOR

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Crl.M.C.Nos.863,866,871,874&877 of 2020

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¶128

APPENDIX OF Crl.MC 866/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	COPY OF THE FIR NO 361/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA
ANNEXURE A2	COPY OF THE FIR IN CRIME NO 381/2018 OF KOODAL POLICE STATION PATHANAMTHITTA
ANNEXURE A3	COPY OF THE FINAL REPORT IN CRIME NO 381/2018 OF KOODAL POLICE STATION NOW PENDING AS CC NO 1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA
ANNEXURE A4	COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE ADOOR.
ANNEXURE A5	COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS
	M.C NO 162/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT ADOOR.
ANNEXURE A6	COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN M.C NO 162/2019
ANNEXURE A7	COPY OF THE PRELIMINARY ORDER DATED
	6.5.2019 UNDER S.111 OF CR.PC IN MC NO 162/2019
ANNEXURE A8	CERTIFIED COPY OF THE ORDER SHEET OF M.C NO.16S/2019 ON THE FILED SUB DIVISIONAL MAGISTRATE COURT,ADOOR

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Crl.M.C.Nos.863,866,871,874&877 of 2020

¶132

¶133

APPENDIX OF Crl.MC 871/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	COPY OF THE FIR NO. 364/2019 OF KOODAL POLICE STATION, PATHANAMTHTITA.
ANNEXURE A2	COPY OF THE FIR IN CRIME NO. 381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.
ANNEXURE A3	COPY OF THE FINAL REPORT IN CRIME NO. 381/2018 OF KOODAL POLICE STATION NOW PENDING AS C.C. NO. 1586/2018 ON THE FILES OF JFCM-I, PATHANAMTHITTA.
ANNEXURE A4	COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.
ANNEXURE A5	COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS
	M.C. NO. 159/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR.
ANNEXURE A6	COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN MC. NO. 159/2019.
ANNEXURE A7	COPY OF THE COMMON ORDER DATED 02.12.2019 IN CRL.M.C. 7822/2019 OF THE HIGH COURT.
ANNEXURE A8	COPY OF THE PRELIMINARY ORDER DATED 08.05.2019 UNDER S.111 OF CR. PC IN MC NO. 159/2019.

¶136

Crl.M.C.Nos.863,866,871,874&877 of 2020

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¶138

APPENDIX OF Crl.MC 874/2020

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PETITIONER'S/S EXHIBITS:

¶140

ANNEXURE A1	COPY OF THE FIR NO.362/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA
ANNEXURE A2	COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA
ANNEXURE A3	COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION NOW PENDING AS CC NO.1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA
ANNEXURE A4	COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR
ANNEXURE A5	COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS
	M.C.NO.161/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR
ANNEXURE A6	COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN M.C.NO.161/2019
ANNEXURE A7	COPY OF THE PRELIMINARY ORDER DATED 06.05.2019 UNDER S.111 OF CR.P.C IN M.C.NO.161/2019
ANNEXURE P8	CERTIFIED COPY OF THE ORDER SHEET OF M.C.NO.161/2019 ON THE FILED SUB DIVISIONAL MAGISTRATE COURT, ADOOR

¶141

Crl.M.C.Nos.863,866,871,874&877 of 2020

¶142

¶143

APPENDIX OF Crl.MC 877/2020

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PETITIONER'S/S EXHIBITS:

¶145

ANNEXURE A1	COPY OF THE FIR NO.360/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA.
ANNEXURE A2	COPY OF THE FIR IN CRIME NO.381/2018 OF KOODAL POLICE STATION, PATHANAMTHITTA.
ANNEXURE A3	COPY OF THE FINAL REPORT IN CRIME NO.381/2018 OF KOODAL POLICE STATION, NOW PENDING AS C.C.NO.1586/2018 ON THE FILES OF JFMC-I, PATHANAMTHITTA.
ANNEXURE A4	COPY OF THE REPORT NIL DATED FILED BY THE 2ND RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE, ADOOR WITH SANCTION FROM DEPUTY SUPERINTENDENT OF POLICE, ADOOR.
ANNEXURE A5	COPY OF THE FINAL REPORT FILED IN ANN.A1 S.107 PROCEEDINGS WHICH IS NOW PENDING AS
	M.C.NO.163/2019 ON THE FILES OF SUB DIVISIONAL MAGISTRATE COURT, ADOOR.
ANNEXURE A6	COPY OF THE SUMMONS ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ADOOR TO THE PETITIONER IN M.C.NO.163/2019.
ANNEXURE A7	COPY OF THE PRELIMINARY ORDER DATED
	8.5.2019 UNDER S.111 OF CR.PC IN M.C.NO.163/2019.
ANNEXURE A8	THE CERTIFIED COPY OF THE ORDER SHEET OF M.C.NO.163/2019 ON THE FILED SUB DIVISIONAL MAGISTRATE COURT, ADOOR.

Sreehari U.K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sreehari U.K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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