How Sec 107/116 Cr.p.c proceedings ?

This query is : Resolved 

11 January 2011

My Learned Friends,

Suppose any complainant has made a complaint to the police and the Police may registered the case of 107/116 against the adverse party. Now How the further criminal proceedings be held before the D.M/ city magistrate/ S.D.M ?

1. Whether the Executive/administrative Magistrate may direct pass an order for the arrest of the adverse party to the police without sending any notice/summons to the adverse party ?

2. May It is necessary to send summons to the adverse parties first, before deciding any legal action may stand against the adverse party or not ?

3. Whether the court dismiss the complaint of 107/116 under sec 118 in cr.pc after getting the enquiry report by the police ? Or may take necessary action under Sec 110 on the enquiry report by the police?

s.subramanian (Expert)
12 January 2011

Passing of a prelininary order under Sec.107 is mandatory. The notices for such enauiry must be accompanied by such preliminary order. Otherwise the proceedings will,be vitiated.

Amit Minocha (Expert)
12 January 2011

normally summons are sent to the parties and before passing any orders u/s 110 opperutnity is given to parties by SEM to address their stand

Ajay Bansal (Expert)
12 January 2011

As above views.

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