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How Sec 107/116 Cr.p.c proceedings ? (Criminal Law)

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This query is : Resolved

Author : Kumar Krishan Agarwal Advocate

Posted On 11 January 2011 at 22:31

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?


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Expert : s.subramanian

Posted On 12 January 2011 at 07:45

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.

Expert : Amit Minocha

Posted On 12 January 2011 at 08:33

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

Expert : Ajay Bansal

Posted On 12 January 2011 at 11:09

As above views.



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