Section 139A(2) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(2)If such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings, until the matter of the existence of such right has been decided by a competent civil Court ; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 [x x x] [Words and figures omitted by Act XXXVII of 1978, Sections 22, 25.].