R. SOWMINARAYANAN Vs. ADMINISTRATIVE EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records pertaining to the impugned Show Cause Notice issued by the First Respondent herein in Na.Ka. No.594/Ni.Se.Na & Ka.Thu.Aa/Ko.Ma./2022, dtd. 7/12/2022 signed on 8/12/2022.

(2.) The learned Counsel for the Petitioner submitted that the Show Cause Notice issued to the Petitioner under Sec. 107, Cr.P.C. does not conform to the requirements of Sec. 107, Cr.P.C. He further submitted that there is no requirement made by the First Respondent to the Petitioner to show cause why he should not be ordered to execute a Bond (with or without Sureties) for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. This is an essential ingredient which has to found a place in a Show Cause Notice issued under Sec. 107, Cr.P.C. When that is not there in the impugned Show Cause Notice, he submitted, is liable to be dismiss.

(3.) The learned Government Advocate (Criminal side) opposed this Petition on the ground that a Show Cause Notice issued to the Petitioner is in conformity with the Sec. 107, Cr.P.C. Thus, he prayed for dismissal of this Petition.