Crpc 107/116
Querist :
Anonymous
(Querist) 23 March 2024
This query is : Resolved
I am a resident of a Co- op hsg soc in west bengal, the society had taken resolution to expel me from the housing society, my relations with the governing body is strained especially with secretary. In 2019 he managed to file CrPc 107 which was dropped, again on 23.02.2024, I received summons u/s 107 / 116 (3). Is the Secretary, not on individual basis, have liberty to process CrCp 107.
T. Kalaiselvan, Advocate
(Expert) 23 March 2024
The secretary seems to have filed the complaint on behalf of the society invoking the said section of law before the executive magistrate.
There is no legal infirmity in it.
If you are innocent of the charges then you can challenge the same in the trial proceedings before the executive magistrate.
In proceedings under section 107, Criminal Procedure Code, a Magistrate has the power, in cases of emergency when a breach of the peace is imminent, to order the accused person to furnish security pending the completion of enquiry
