order of detention that proceedings under
Section 107 of the Code of Criminal Procedure were initiated against
the detenu in the year 2014. Even thereafter ... VIII of the
Code of Criminal Procedure could have taken proceedings under
Section 110 Cr.P.C. instead of Section 107 Cr.P.C. against
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
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
Section is not intended for punishment but for
the prevention of acts that may amount to breach of peace. The
proceedings U/S 107 ... notice U/S 111 Cr.P.C
which must contain the substance of the information so received.
An order U/S 107
Respondent/
Complainant
PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of the Code
of Criminal Procedure , praying to call ... under Section 107 of Cr.P.C. and
passed the impugned order under Section 111 of the Code of Criminal
Procedure.
4.The learned counsel
Code of
Criminal Procedure, the Magistrate acting
CR No. 1/15 Shivraj Singh. Vs. Kamal Jain & Anr. 3/9
under section 107 ... information under section
116(1) of the Code of Criminal Procedure,
he is to pass order under section
Magistrate with a report to
start chapter proceeding under section 107 of Criminal
Procedure Code (' Cr.P.C .' for short) against the petitioner ... appear through
pleader as provided under section 115 of Cr.P.C.
(vii) Make inquiry under section 116 of Cr.P.C. to
ascertain
Magistrate has passed
an order U/ Sec.111 of Cr.P.C while initiating proceedings
U/ Sec.107 of Cr.P.C. The order discloses ... been passed U/ Sec.111 of Cr.P.C. in my
opinion the said order is not in compliance with Sec.107
though
the summon was issued under Section 113 of Cr.P.C., it is an order under
Section 107 of Cr.P.C and even ... learned Government Advocate (criminal side) would submit that
the impugned notice is not a final order passed under Section 107 of
Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to the proceedings ... first respondent under Section 107 Crl.P.C. and set aside the same by allowing this Criminal Original Petition.
For Petitioner : Mr.N.Manokaran
