FIRST LAW

Criminal Procedure Code, 1973 - Sections 87, 88, 205 and 309 (2) - In cases of private complaints, Magistrate should not take opposite parties (accused) in custody under Section 309 (2), but, should, in all cases where the parties concerned voluntarily appear, to resort to Section 88 of Cr.P.C and require the parties concerned only to furnish bonds with or without securities, for appearance or future dates and where the opposite party of a complaint case resides at along distance as in this case, the Magistrate should exempt personal attendance of the opposite party of the complaint case and allow them to appear through counsel under Section 205 of Cr.P.C.