AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a person against whom Annexure-4 Preliminary Order has been passed under Sec. 107 of the Cr.P.C. Petitioner seeks quashment of Annexure-4 on the premise that the same cannot be sustained in law.

(2.) Heard the Learned counsel for the petitioner and the learned Senior Public Prosecutor. Perused the records.

(3.) Learned counsel for the petitioner would submit that the petitioner is the accused in Crime No.899/2022 of Chalakudy Police Station for offences alleged under Sec. 376 and 376(2)(n) of the Penal Code. Subsequently, another crime has been registered against the petitioner by the same defacto complainant, alleging that she was threatened by the petitioner. In the subsequent crime bearing no.231/2023 of Koratty Police Station, the offences alleged are under Sec. 195 A and 506(1) of the Penal Code. On the basis of the report given by the 2nd respondent (S.H.O., Koratty Police Station), Annexure-4 Preliminary Order has been passed against the petitioner, under Sec. 111 of the Code of Criminal Procedure. Learned counsel would submit that the parameters to satisfy Sec. 107 of the Code have not been gone into by the Executive Magistrate, who issued Annexure-4 Order. There was no occasion of any breach of peace, or disturbance to the public tranquility. The two crimes are based on private inter-necine disputes between the petitioner and the defacto complainant. The foundational facts to invoke Sec. 107 are not satisfied, wherefore, Annexure-4 Order is liable to be quashed, is the submission made.