basis of the kalandra, notice under sections
107 / 111 Cr.P.C was issued to both the parties by the
Special Executive Magistrate. The notice ... follow the
steps envisaged in Section 107 strictly in accordance
with the procedure outlined in the provisions of the
Cr.P.C set out thereafter
notices u/s 111 Cr.PC on the basis of which Kalandra was
registered u/s 107/150 Cr.PC.
IMPUGNED ORDER
FACTS ... such
the impugned notice u/s 111 Cr.P.C. alongwith the summons
issued u/s 113 Cr.P.C. are set aside
revision petition under Section 397 of the Code of Criminal
Procedure 1973 (hearinafter referred to as Cr.P.C .) is filed by
the revisionist against ... under
Section 111 of the Code can be issued by a
Magistrate only if after acting under section 107 ,
108 , 109 or Section
revision petition under Section 397 of the Code of Criminal
Procedure 1973 (hearinafter referred to as Cr.P.C .) is filed by
the revisionist against ... under
Section 111 of the Code can be issued by a
Magistrate only if after acting under section 107 ,
108 , 109 or Section
public tranquillity. The
section cannot be invoked when there is a
civil dispute.......
ACP while acting under Section
107 / 151 CrPC acts ... follow the steps
envisaged in Section 107 strictly in
accordance with the procedure outlined in
the provisions of the CrPC set out thereafter
petition u/s 397 Cr. P. C for setting
aside the order u/s 107/150 dated 29.11.2013, thereby
issuing notice u/s 107 ... impugned order u/s 107/150 dated 29.11.2013 for
issuance of notice U/s 107/111 Cr.P.C . has been passed
initiating proceedings
under Section 107 of the Code against the petitioners.
Consequently, the proceedings under Section 107 of the
Code initiated against the petitioners ... Magistrate has to invoke his powers under
Sections 107 to 110 of the Code of Criminal Procedure."
CR NO. 01/15 Smt.Gagandeep Kaur
under section 397 Cr.PC for setting
aside the issuance of summons dated 02.09.2015 issued by the
ld. Special Executive Magistrate u/s 107 ... laid down by Hon'ble Supreme Court regarding
scope of section 107 Cr.PC that this provision is aimed at
persons who cause
section 107 strictly in
Criminal Revision No. 44/10 Page 7/10
8
accordance with the procedure outlined in the provisions
of the CrPC ... initiating proceedings under Section 107
of the Code initiated against the petitioners. Consequently,
the proceedings under Section 107 of the Code initiated
against the petitioners
furnish interim bond under
Section 116(3) CrPC in a case State Vs. Mewa Devi , under
Section 107 / 150 CrPC ... keeping peace
u/s 116 (3) Cr.P.C . during the pendency of these proceedings. Issue summons and
notice u/s 107 / 111
