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
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
required to be taken under the powers given to him under
Criminal Procedure Code for maintaining peace.
The function which the petitioner discharged, could ... follow the procedure for initiating the proceedings under
Section 107 onwards and he did not make any enquiry under
Section 116 of
petitioners
7
to judicial custody, without following the procedure and
without issuing notice under Section 107 Cr.P.C. The
entire proceedings were initiated ... only till furnishing the surety. There
was no violation of procedure, as Section 116(3) Cr.P.C.
empowers the respondent No.2 - Taluka Executive
Criminal Procedure and therefore, the impugned order is illegal
and incorrect. Learned counsel for the petitioner took the
Court through Sections 107 to 122 ... must be sent and delivered to
the person. Under Section 116 Cr.P.C., the Magistrate shall
inquire into the truth of the said information
contended that on the said application, police initiated action under
Sections 107 / 116 Cr.P.C. Learned counsel for the petitioner has further
contended that ... parties lead evidence. Merely because police had initiated proceedings
under Section 107 / 116 Cr.P.C., it cannot be said that the complainant
aside the charge under Section 495 IPC
while maintaining the charge for offence under Section 498A IPC.
Learned counsel for the petitioner has referred ... statement of complainant/respondent no.2 recorded in
proceedings under Sections 107/116 Cr.P.C.
(2 of 2) [CRLMP-6557/2018]
The statement made
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal
Procedure Code, to quash the impugned F.I.R. In Crime ... Advocate (Crl.Side) submitted that no instructions has been
received from the first respondent.
7.Considering the fact that, in view of Section 116
directed to present the complaint
preferred by the petitioner under Sections 107 , 116 Cr.P.C. in the
court of Sub Divisional Magistrate/Executive Magistrate ... life. Learned counsel submits that an application
under Sections 107 , 116 Cr.P.C. was submitted in the Court of
Executive Magistrte and the said
