Power of Magistrate to direct local investigation and examination of an expert
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Summary
When conducting the inquiry under the preceding provisions, the magistrate may order a local investigation by any person he thinks fit or summon and examine an expert. The appointed person’s inspection or the expert’s evidence is used to assist the magistrate in that inquiry. It lets the magistrate get local facts or technical opinion before deciding.
Example
Priya says a neighbour built a boundary wall partly on her shop’s land. For the inquiry, the magistrate appoints a local officer to inspect the spot and summons a surveyor as an expert to measure the line. The inspection report and the surveyor’s evidence are then used in the inquiry.
Bare Act
Enacted textThe Magistrate may, for the purposes of an inquiry under section 137 or section 138
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(a) direct a local investigation to be made by such person as he thinks fit; or
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(b) summon and examine an expert.
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