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

Code of Criminal Procedure (CrPC) 1973 Complaints to Magistrates

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 CrPC deals with disputes over the existence of a public right as claimed by the Magistrate.

- If any person denies the public right, the Magistrate must "inquire into the matter" as per Section 137(1).

- Option 1: "He must leave the matter for the Civil Court" – This is incorrect. He does not automatically leave the case; only if evidence suggests the right does not exist, the matter may go to civil court.

- Option 2: "He is not to weigh the evidence for the purpose of arriving at any definite conclusion regarding the truth or otherwise of the denial" – This is incorrect. The Magistrate should make a preliminary inquiry (not a full trial) but must determine if evidence makes the denial credible.

- Option 3: "Both (A) and (B)" – Incorrect as explained above.

- Option 4: "None of the above" – This is correct. The Magistrate must inquire and only stop if evidence makes the public right claim unreliable.