SATYANARAYANA MURTHY
CRIMINAL PETITION NO.6387 OF 2018
ORDER:
This petition is filed under Section 482 of Criminal Procedure
Code (for short " ... However, the second respondent is at liberty to
follow the procedure contemplated under Section 107 Cr.P.C, if any
proceedings are pending against these
criminal revision petition under Section 397
of 'The Code of Criminal Procedure , 1973' (Hereinafter referred
to as 'the ... 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
ORDER
1. The criminal revision petition under Section 397
of 'The Code of Criminal Procedure , 1973' (Hereinafter ' ... 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
serious issue
concerning the working of Sections 107 and 151 of the Code of Criminal
Procedure, 1973 („Cr PC‟).
2. Although the prayers ... persons are unjustifiably arrested by
the Police apparently under Section 107 Criminal Procedure Code without
complying with the provisions of law and that they
Magistrate never had Section 107 , Criminal Procedure Code, in his mind. No order under Section 112, Civil Procedure Code, had been drawn up. No notice ... accused in proceedings under Section 107 could take place in terms of the proviso of Section 114 , Criminal Procedure Code. Unless the Joint Magistrate
breach of peace instead of initiating proceedings under Section 107 read with Section 116 Cr.P.C. which is perse illegal and tantamount undermining ... appears to me that the provisions of Section 107 and Section 145 Cr.P.C. are counter parts of the same policy to arrest apprehension
Srivastava and booked the petitioners under Section 107 of the Code of Criminal Procedure ( Cr.P.C .). A Kalandara was submitted to the Special Executive ... This Kalandara does not fulfill the ingredients of Section 107 Cr.P.C. Hence issuance of notice under section I Ii Cr.P.C . shows
being had to the provisions of Sub-section 2 of Section 107 of the Code of Criminal Procedure, and on the further ground that ... District Magistrate by Section 192 , Criminal Procedure Code, is not restricted by the provisions of Section 107 , Criminal Procedure Code.
6. The point for determination
petitioner under Section 41(2) of Cr.P.C.?
(v) Whether the order passed by the
Executive Magistrate under Section 107 of
... enumerated under
Section 107(1) are not followed. Therefore, the
order passed by the Executive Magistrate u/s 107
of
Code of Criminal
Procedure, 1973 (for short hereinafter referred to as ' Cr.P.C .'),
petitioners seek quashing of proceedings under Sections
107 ... Sushma Arora vs. State & Ors. Crl. M.C. No.
3581/2006, proceedings under Section 107 / 150 Cr.P.C. were
initiated on the kalandra