1. This petition is to quash the procedure in Crl. M.P. No.1175/82 on the file of the 1st Addl. Munsif Magistrate, Proddatur. The petitioner, Sub-Inspector of Police, Proddatur - I Town Police Station, filed Cri. M.P. No.1351 of 1982 for stopping the enquiry sought to be conducted by the Magistrate for the cognizance of an offence of culpable homicide or murder of a person in I Town Police block on the ground that the said Magistrate had already issued summons to the Sub-divisional Magistrate and the Deputy Civil Surgeon, Government Hospital, Proddatur and recorded their statements and thereafter a number of witnesses were also examined either by issuing summons or on their appearance for which the learned Magistrate had no jurisdiction. However, the learned Magistrate was said to be investigating into the matter. Such enquiries can only be made by an executive Magistrate under S.176 Cr.P.C. In fact, the said enquiry is pending before the Sub-divisional Magistrate, Jammalamadugu. The summoning and examining of any witness can only be made under S.202 Cr.P.C. on a private complaint under S.200 Cr.P.C. and therefore, it is not competent for the Magistrate to enquire under S.190(1) Cr