Section 137 in The Code of Criminal Procedure, 1973
137. Procedure where existence of public right is denied.
(1) Where an order is made under
Magistrate (City), Udaipur, in proceedings under Chapter X of the Code of Criminal Procedure , 1974.
2. The brief facts of the case are these ... authorised to jump to the proceedings under Section 137 of the Criminal Procedure Code (old Code) without taking any proceedings under Section 139-A. This
evidence' as required in
Section 137(2) of the Code of Criminal Procedure (hereinafter
referred for short as ' ... reliable evidence' is
defined in the Code of Criminal Procedure . According to
Section 3 of the Indian Evidence Act,1872 evidence is defined
pronouncement : 21.11.2024
JUDGMENT
1. This is Criminal Revision u/s 397 of the Code of Criminal
Procedure, 1973 preferred by revisionist against the impugned order ... Defence Colony, are not in accordance with the
procedure prescribed u/s 133 Cr.P.C. The provision u/s 133 Cr.P.C
empowers
Petitions filed under Section 397 read with 401 of the Code of Criminal Procedure against the order made under section 141(1) of the Code ... requires the invocation of powers under Chapter X of the Code of Criminal Procedure . For invoking powers under Section 33(1)(a)
that Chapter X of the Code of Criminal Procedure deals with "Public Nuisances" and not with private nuisances. The remedy for the latter ... where it has been held that Chapter XB of Criminal Procedure Code deals with "public nuisances" and provides a speedy and summary method
outset, it may be noted that Section 133 of the Code
of Criminal Procedure is envisaged under Chapter X of the Code
which deals with ... large, within the scope of Section 133 of the Code of criminal
procedure and the Court held as under:-
"Proceedings under Section
Chapter X of Code of Criminal Procedure and cannot substitute
the procedure to be followed under Section 138 Cr.P.C. The Learned SDM
should ... context it was observed that Section 10 of the Code (old Code of Criminal
Procedure , 1898), which is akin to Section 133 of the Code
through the provisions of sections 133 , 137 and 138 of the Criminal Procedure Code. Section 133 which is introduced in Chapter X and under ... where in a case under section 139-A of the Old Criminal Procedure Code , 1898 which corresponds to section 137 of the Criminal Procedure Code
Kishore son of Vidya Sagar had moved an application under Section 133 Cr.P.C. before the Court of Magistrate on 1.9.2003 stating therein that ... considering their evidence strictly following the procedure as provided under Section 137(1) & (2) & 138(1) Cr.P.C . within two months from