Criminal Procedure (hereinafter the “ Cr.P.C ”), could be
proceeded against and imprisoned by an Executive Magistrate under Section
122(1)(b) Cr.P.C ... Cr.P.C., was given to the Executive Magistrates pursuant to an amendment
made to the Cr.P.C in 1980. Our attention was invited
Criminal Procedure (hereinafter the “ Cr.P.C ”), could be
proceeded against and imprisoned by an Executive Magistrate under Section
122(1)(b) Cr.P.C ... Cr.P.C., was given to the Executive Magistrates pursuant to an amendment
made to the Cr.P.C in 1980. Our attention was invited
Criminal Procedure (hereinafter the “ Cr.P.C ”), could be
proceeded against and imprisoned by an Executive Magistrate under Section
122(1)(b) Cr.P.C ... Cr.P.C., was given to the Executive Magistrates pursuant to an amendment
made to the Cr.P.C in 1980. Our attention was invited
P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 2033 of 2023
--------------------------------------
Dated this the 18th day of September, 2023
ORDER
This Crl.M.C ... filed to quash Annexure-A1 proceedings
initiated under Sec. 107 Cr.P.C. as MC No. 18/2023 by the Sub
Divisional Magistrate, Taliparamba
Section 111 Cr.P.C. In Girish P's case
(supra), the mandate of Section 111 and Section
107 Cr.P.C are mentioned ... under Section 107 Cr.P.C. The relevant paragraph
in Santhosh M.V 's case (supra) is extracted
Crl.M.C
which is
registered under Sec.107 Cr.P.C. Annexure-A1 is the
preliminary order. This Crl.M.C. is filed to quash the same ... relevant paragraph, which reads as follows:-
"5. S.107 of Code of Criminal Procedure enables an executive
Magistrate on receiving information that a person
Criminal Original Petition has been filed under Section 482 of
Cr.P.C, to call for the records and quash the summon in
R.C ... judis
Crl.O.P.No.8474 of 2023
in Section 111 Cr.P.C. Those directions are not complied with, therefore,
this petition
Superintendent of Police, cannot invoke power under
Section 107 Cr.P.C. Under Section 107 Cr.P.C., the Executive
Magistrate alone can exercise power ... this context, it is
relevant to extract the Section 107 Cr.P.C:-
107. Security for keeping the peace in other cases
(1) When
criminal revision petition under Section 397
of 'The Code of Criminal Procedure, 1973' (Hereinafter referred
to as 'Cr.PC') is directed ... criminal revision petition is
barred under Section 397 (2) Cr.P.C. on the ground that issuance
of show cause notice under Section 107
criminal revision petition under Section 397
of 'The Code of Criminal Procedure , 1973' (Hereinafter ' Cr.P.C .')
is directed against order ... Cr.P.C ."
Cr. Rev. No. 196/2021 Smt. Ranjeeta Dubey vs. State Page No. 2 of 12
NOTICE UNDER SECTION 107/111 CR
