What is Procedure where existence of public right is denied? Procedure where he appears to show cause? Power of Magistrate to direct local investigation and examination of an expert? Section 137, 138 and 139 of Code of Criminal Procedure 1973

Procedure where existence of public right is denied, Procedure where he appears to show cause, Power of Magistrate to direct local investigation and examination of an expert are defined under Section 137, 138 and 139 of CRPC 1973. Provisions under this sections is:

 

 

Section 137 of CRPC "Procedure where existence of public right is denied"
(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 138.

(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

 

Section 138 of CRPC "Procedure where he appears to show cause"
(1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
Section 138 of CRPC "Power of Magistrate to direct local investigation and examination of an expert"
The Magistrate may, for the purposes of an inquiry under section 137 or section 138-
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.

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