Kerala HC: Failure to Follow Section 111 of CrPC Renders Magistrate’s Order Invalid

Kerala HC Law Insider

LI Network

Published on: 31 August 2023 at 14:30 IST

In a case where a petition was filed under Section 482 of the Code of Criminal Procedure (CrPC) to quash summonses issued by a Sub Divisional Magistrate, the Kerala High Court ruled that non-compliance with Section 111 of CrPC and failure to mention essential details would render such an order by the Magistrate unsustainable.

The petitioner’s argument was rooted in the assertion that the summons issued in Form No. 1 as per Section 61 of CrPC did not align with the procedure outlined in Section 111 of CrPC.

Section 111 of CrPC dictates the process for orders under Sections 107, 108, 109, or 110 of CrPC.

According to the petitioner, the clear non-compliance with Section 111 of CrPC would render the order illegal and therefore open to being quashed.

Despite the State’s opposition, its counsel was unable to justify the order’s non-conformity with the procedure laid out in Section 111 of CrPC.

Justice A. Badharudeen, presiding over a Single Judge Bench, stated that “it is mandated that whenever a Magistrate intends to proceed under section 107, section 108, section 109, or section 110 and deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character, and class of sureties (if any) required. Without furnishing such details, the order will be considered invalid.”

After careful consideration of the arguments and the Magistrate’s order, the Court found that while the order stated that the petitioner’s attendance was required to address a charge under Section 107 of CrPC, it lacked essential details such as the substance of the information received, the bond amount, its duration, and the specifics of any required sureties.

Consequently, the Court quashed the order. However, it clarified that this quashing would not prevent the Sub Divisional Magistrate from issuing an appropriate order and proceeding under Section 107 of CrPC in accordance with the provisions of Section 111 of CrPC.

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