under section 107 , section
108 , section 109 or section 110 , deems it necessary to
require any person to show cause under such section
he shall ... more power to Executive Magistrate. Section
107(1) acts as a check on their powers. Under Section
107(1) Cr.P.C. the Executive Magistrate
Magistrate under section 112 as well as under section 117(3) Criminal Procedure Code . The order under section 112 Criminal Procedure Code . was challenged ... under section 117(3) Criminal Procedure Code . also has to be quashed. It is only if the order under section 112 Criminal Procedure Code
City/2016 in Srirangam
P.S.Cr.No.821/2016, Under Section.107 Cr.P.C., dated 23.03.2017 and set aside
the same.
!For Petitioner ... Section 122(1)(b) r/w
111 of Cr.P.C ., whereby detaining the petitioner in custody.
2. Admittedly, the proceedings under Section 107
Code of Criminal Procedure (hereinafter the “ Cr.P.C ”), could be
proceeded against and imprisoned by an Executive Magistrate under Section
122(1)(b) ... creation of the Code of Criminal
Procedure , 1973. Under the Code of Criminal Procedure , 1898 proceedings
under Section 107 could be initiated by a Presidency
Code of Criminal Procedure (hereinafter the “ Cr.P.C ”), could be
proceeded against and imprisoned by an Executive Magistrate under Section
122(1)(b) ... creation of the Code of Criminal
Procedure , 1973. Under the Code of Criminal Procedure , 1898 proceedings
under Section 107 could be initiated by a Presidency
order
under Section 111 of Cr.P.C. or under Section. 116(3)
of Cr.P.C . Applicability of Section 167 of ... Code of Criminal Procedure,
1973, states that when a Magistrate, acting under
Section 107 , Section 108 , Section 109 , or Section 110 ,
deems it necessary
order becomes nugatory and the proceedings
under section 107 of the Code of Criminal Procedure must be
dropped. The proceedings under section 107 ... provisions of the Code of
Criminal Procedure . There is a specific provision to the effect that
summons issued under Section 114 of
Section 107 of Code of Criminal Procedure,
1973 (hereinafter referred to as ' Cr.PC ') reads as follows:
"107. Security for keeping ... under section 107 , section 108 , section 109 , or
section 110 , deems it necessary to require any person to
show cause under such section, he shall
Code of Criminal
Procedure 1973 (hereinafter referred to as " CrPC ") for setting aside
proceedings in relation to Kalandra under Section 107 ... under Section 117 Cr.P.C.
53. Section 111 Cr.P.C. mandates the procedure to be followed by the
Magistrate. It states that
conditions of
bond, Section 188 of the Indian Penal Code and Section 122(1)(b) of
the Code of Criminal Procedure would apply. The learned ... under Section 3 or Section 15
unless and until he indulges in a criminal act after initiation of the
proceeding under Section 107
