further case of the petitioner that
for passing interim order under Section 116(3) of
Cr.P.C., it was necessary on the part ... enumerated under
Section 107(1) are not followed. Therefore, the
order passed by the Executive Magistrate u/s 107
of
attention of the Court to the provisions of the Code of Criminal Procedure (for short 'Code'). He has submitted that under Section ... specified in the order under section 111 ."
It has been urged that under sub-section (3) of section 116 CrPC, the reasons
proviso to
Sub- section 3 of Section 116 of the Code of
Criminal Procedure, in a proceeding initiated
under Section 107 of the Code ... finds a case of revision, he may
intervene under Section 397 of the Criminal
Procedure Code.
(7) A copy of the order directing a person
execute bond), section 111 (order to be made
by Magistrate while acting u/s 107 Cr P C) and section 116 (as to how
inquiry ... been
passed by skipping the established procedure of section 116 Cr.P.C.
and there is no such short cut available to the trial court
courts such as under Section 151 C.P.C. but under Criminal Procedure Code legislature thought it proper to confer inherent power only upon ... involved and have been adjudicated initiation of a parallel criminal proceeding under Section 145 Cr.P.C. could not be justified. The parallel proceeding should
Code of Criminal Procedure which incorporates Section 106
to Section 124 of the Code of Criminal Procedure. The said Chapter is
captioned under the heading ... other provisions of this Section are not required to be
considered. However, Section 114 of the Code of Criminal Procedure deals with
"Copy
proof of the information laid before him. Sub-section (6) of Section 116 Cr.P.C. says that the enquiry under this Section shall ... writing by the Magistrate, otherwise directed. The proviso to sub-section (6) to Section 116 lays down that where any person has been kept under
been held as under:
"Under Section 111 of the Code of
Criminal Procedure, the Magistrate acting
CR No. 1/15 Shivraj Singh. Vs. Kamal ... truth of the information under section
116(1) of the Code of Criminal Procedure,
he is to pass order under section
Petition (Criminal) No. 5054/2011 challenging
the criminal proceedings under criminal case No. 17/2011 including
the preliminary order dated 14.04.2011 under Section 111 ... Code Of Criminal Procedure, 1973 -
Order to be made. When a Magistrate acting under section
107 , section 108 , section 109 or section 110 , deems
Code of 1973 corresponds to Section 117 of the Code of 1898, Sub-section (6) and (7) of the 1973 Code are new provision ... proviso to Sub- section 3 of Section 116 of the Code of Criminal Procedure, in a proceeding initiated under Section 107 of the Code
