Code were insufficient for maintaining peace. Therefore, in the Code of Criminal Procedure , 1872 which repealed the Code of Criminal Procedure , 1861, a separate part ... assuming jurisdiction u/s 107. Section 107 authorises an Executive Magistrate to assume jurisdiction u/s 107 and pass an order u/s 111 when
Muralidhar, J.
1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (' CrPC ') challenge two Kalandaras arising ... follow the steps envisaged in Section 107 strictly in accordance with the procedure outlined in the provisions of the CrPC set out thereafter
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
Crl.R.C.No.78 of 2020
19. Chapter VIII of the Criminal Procedure Code .—This consists of
sections 106,107 ... proceeding in a
criminal court is a judicial proceeding. Section 4 , sub-section (m), of the
Code of Criminal Procedure defines a judicial proceeding
quashing of Kalandara proceedings
initiated against the petitioner under Section 107/111 read with
section 113 Cr.P.c. presently pending in the Court ... none for
invocation of provisions under Sections 107 / 150 Cr.P.C. The
provision of 107 Cr.P.C . is preventive in nature and since
order
becomes nugatory and the proceedings under section 107 of the
Code of Criminal Procedure must be dropped. The proceedings
under section 107 ... upon the aforesaid
pendency of the criminal case, proceeding under Section 110 of the Code
of Criminal Procedure has been initiated against him and notice
Code of Criminal Procedure had been initiated against
the detenu. Crime 674/2008 was registered on 7-7-2008 under
Section 107 ... Chapter VIII (Security Proceedings) of the
Criminal Procedure Code thereby justifying only
proceedings under S.107 of the Code and that an
order of detention
Criminal Procedure Code against the petitioner. It is however submitted that the proceedings were not initiated under sections 109 and 110 of the Criminal Procedure ... proceed against the petitioner for taking action under section 107 of the Code of Criminal Procedure he
initiated the proceedings and the petitioner was called
1980CRILJ1169
ORDER
1. This petition under Section 482 , Cr.P.C. is directed against the proceedings under section 107 , Cr.P.C. initiated ... exercise of judicial powers vested in him under the Code. The powers under Section 107 , Cr.P.C. and some other provisions under which also
Criminal Procedure Code for a Magistrate to direct a party who appears before him in answer to summons under Section 107 ... Section 107 . I have pointed out that this opinion of the Magistrate was wrong and the proceedings should be under Section 107
