What must a Magistrate do in case his jurisdiction to continue the proceeding ceases under Section 1...........

Code of Criminal Procedure (CrPC) 1973 Maintenence

What must a Magistrate do in case his jurisdiction to continue the proceeding ceases under Section 137 Cr. PC.?

he must leave the matter for the Civil Court

he is not to weigh the evidence for the purpose of arriving at any definite conclusion regarding the truth or otherwise of the denial

both (A) and (B)

none of the above

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Explanation:

- Section 137 of the CrPC deals with cases where a person denies the existence of a public right in land or water.

- If the Magistrate finds that the question of right is genuinely raised and cannot be decided without detailed evidence, he must stay the proceedings and leave the parties to approach a civil court. (Option 1)

- The Magistrate is not to weigh the evidence deeply or give any final judgment on the right; he only sees if the denial is reasonable and genuine. (Option 2)

- Option 3 combines both correct statements from 1 and 2.

- Option 4 (“none of the above”) is incorrect because options 1 and 2 are both in line with Section 137.

Correct Answer: Option 3 – both (A) and (B)