Enquiry by magistrate

alleged (Querist) 20 November 2011 This query is : Resolved
IF THE MAGISTRATE IS OF THE VIEW, THAT THE COMPLAINT MADE BEFORE HIM DOES NOT MAKE OUT A PRIMA FACIE CASE.

1.CAN WE ASK FOR FURTHER ENQUIRY AND EVIDENCE AS PER SECTION 202 CRPC ?

2.CAN WE MOVE AN APPLICATION UNDER SECTION 91 CRPC TO CALL UPON CERTAIN WITNESSES AND THINGS/EVIDENCES REQUIRED FOR THE PURPOSE OF ESTABLISHMENT OF ACCUSATION AT PRE SUMMONING STAGE ?

3.UNDER WHICH CIRCUMSTANCES & AT WHICH STAGE, MAGISTRATE HOLDS AN INQUIRY AND HOW IS IT CONDUCTED ?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 20 November 2011
1. Yes
2.Yes
3.It is conducted either through witnesses or through the Police.

Piyush Vaishnava (Expert) 20 November 2011
i do agree with ld. barman

Rajeev Kumar (Expert) 20 November 2011
I do agree with Barman

Guest (Expert) 20 November 2011
agree with Mr. BErman

Arun Kumar Bhagat (Expert) 20 November 2011
My answer is :

1.CAN WE ASK FOR FURTHER ENQUIRY AND EVIDENCE AS PER SECTION 202 CRPC ?

Ans: Once the case is dismissed magistrate cannot act on any petition. You have to assail the order in higher court by preferring revision.

2.CAN WE MOVE AN APPLICATION UNDER SECTION 91 CRPC TO CALL UPON CERTAIN WITNESSES AND THINGS/EVIDENCES REQUIRED FOR THE PURPOSE OF ESTABLISHMENT OF ACCUSATION AT PRE SUMMONING STAGE ?

Ans : After dismissal no application can be filed.
3.UNDER WHICH CIRCUMSTANCES & AT WHICH STAGE, MAGISTRATE HOLDS AN INQUIRY AND HOW IS IT CONDUCTED ?

Ans; before issuance of process inquiry is done. It is done by examining the witnesses produced by the Complainant.

Shonee Kapoor (Expert) 20 November 2011
Agreed with detailed explaination of Ld. Mr. Bhagat,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate. Arunagiri (Expert) 20 November 2011
I agree with Mr.Barman, since the author had said the Magistrate is of the opinion only.

Once the case is dismissed he has to prefer a revision only.