What must a Magistrate do in case his jurisdiction to con not tinue the proceeding ceases under Sect...........

Code of Criminal Procedure (CrPC) 1973 Maintenence

What must a Magistrate do in case his jurisdiction to con¬tinue 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 *procedure when existence of right is denied by the opposite party in public nuisance proceedings*.

- If the Magistrate finds that the denial of the right is valid and needs proof, his jurisdiction to proceed stops.

- Statement (A): "he must leave the matter for the Civil Court" — This is correct. The Magistrate should stop proceedings and refer parties to Civil Court.

- Statement (B): "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 correct. The Magistrate just considers whether the denial is bona fide, not deeply analyze or decide the truth.

- Option 3: both (A) and (B) is correct.

- Option 4: none of the above is incorrect.

Correct Answer: Option 3 (both A and B)