ARUCHAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer of the petitioner, who is a Contractor, is to quash the proceedings initiated by the Sub Divisional Magistrate, Palakkad in M.C. No. 66 of 1997.

(2.) Learned counsel for the petitioner submitted that there is absolutely no justification for proceeding against the petitioner invoking the power under S.107 of the IPC and that the only basis for initiating action is a report sent up to the Sub Collector, Palakkad, who is also the Magistrate, from the Nirmithi Kendra, Palakkad, requesting that action for realisation of an amount of Rs. 21,000/- be initiated.

(3.) The learned Public Prosecutor submitted that the aforesaid M.C. is not for action under S.107, but based on S.109 of the Cr.P.C. and that the said action is fully justified.