Section 116 in The Code of Criminal Procedure, 1973
116. Inquiry as to truth of information.
(1) When an order under section 111 has been
person under section 107 of the Criminal Procedure
Code, acting under sub-section (3) of section 116 of
Gaurav Vashisht & Anr. vs The State ... nature
than those under section 107 of the Code. That is
why although by sub-section (3) of section 116 of
the Code, a general
Cr.PC., provides for procedure to be followed for causing
presence of person. Section 116 Cr.PC provides that magistrate
shall proceed to inquire into ... conceded to
this interpretation of Section 107 Cr. P.C. and further
pointed out that even under Section 116 Cr. P.C. after
the enquiry
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
order dated)
Common Prayer: Criminal Original Petition is filed under Section 482 of
Code of Criminal Procedure, to call for the records ... view of this Court, is in violation of the procedure
contemplated under the Criminal Procedure Code and is one without
jurisdiction, since the Sub Divisional
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
IPC .
02. 41/2007: under sections 324 and 28-02-2007
294 of the IPC .
03. 62/2007 : under sections ... registered for preventive sections under sections 107 , 110 and
116 of the Code of Criminal Procedure.
16. The petitioner has submitted that in the list
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