This petition coming on for admission this day, the court passed the following:

ORDER

The petitioner has filed this petition under Article 226 of Constitution of India while praying for following reliefs:-

(i) That, this Hon'ble Court be pleased to quash the impugned enquiry/inquest report dated 09.10.2020 (Annexure P/2) submitted by the learned J.M.F.C. Nagod District Satna in so far as it relates to finding recorded by the learned J.M.F.C. Nagod District Satna with respect to the guilt of the petitioner, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to hold that detention of petitioner is illegal which has been effectuated on the basis of the impugned enquiry report.

(iii) That, in the alternative and without prejudice this Hon'ble Court may kindly be pleased to expunge the glaring observations made against the petitioner in impugned enquiry/inquest report dated 09.10.2020 (Annexure P/2) submitted by the learned J.M.F.C. Nagod District Satna, in the interest of justice.

(iv) That, the Hon'ble Court be pleased to issue any writ, order or direction which may deem fit in the circumstances of the present case.

2. The facts as highlighted in the petition reflect that a case vide Crime No.209/2020 was registered under Sections 457 and 380 of I.P.C. at Police Station Singhpur, District-Satna. During course of investigation pertaining to the said Crime No.209/2020, one suspect Mr. Rajpati Kushwaha (deceased) was brought to Police Station Singhpur, District Satna for conducting an inquiry. During the course of an enquiry, the present petitioner had kept his service pistol in the wooden rack inside the enquiry room. Later on, the present petitioner went out of enquiry room and in absence of petitioner, the deceased shot himself on his head. Though the present petitioner made effort to save the deceased but unfortunately deceased died. The aforesaid, ensued in registration of case vide Crime No.291/2020 against the present petitioner and one Mr. Ashish Singh under Sections 304, 348 and 34 of IPC. Thereafter, a direction was issued to the Judicial Magistrate First Class to conduct inquiry with respect to the death of deceased ascertaining the cause of his death. The Judicial Magistrate First Class submitted an inquest report dated 09.10.2020 (Annexure P/2) and in the said report, Judicial Magistrate First Class made observations against the petitioner. The said exercise was not within the competence of the Judicial Magistrate First Class in terms of Section 176 of Cr.P.C. Accordingly, assailing the inquest report dated 09.10.2020 (Annexure P/2), this petition has been filed by the petitioner.

3. Learned counsel for the petitioner contends that an inquiry which is conducted under Section 176 of Cr.P.C. is merely a fact finding inquiry and therefore, any conclusion under the garb of adjudication are not permissible at the time of submitting the inquest report. Counsel further contends that the purpose of holding an inquest under Section 176 of Cr.P.C. is limited and is only confined to the factum of cause of death and in no way can connect any delinquent or there can not be any observation as regards guilt of any person. It is contended by the counsel for the petitioner that the provisions of Section 174 and 176 of Cr.P.C. are pari materia and therefore, in the present case, the Judicial Magistrate First Class Nagod, District Satna exceeded his jurisdiction while conducting inquest in terms of Section 176 of Cr.P.C. It is further contended by the counsel that the paragraphs 11 to 13 of the inquest report are evidently an example of exercise of powers which are not vested in Judicial Magistrate First Class in terms of Section 176 of Cr.P.C. It is contended by the counsel for the petitioner that by submitting the inquest report virtually the Judicial Magistrate Class First Class has termed the present petitioner to be a culprit and therefore, the order impugned passed by the Judicial Magistrate First Class