What Is Inquiry by Magistrate in CrPC? Full Guide

SRI SKANDARAJAH, CHIEF MAGISTRATE, COLOMBO Criminal Procedure Code-Non-summary inquiry-Assumption by Magistrate of summary jurisdiction-Power of Attorney-General to give instructions to Magistrate in summary, proceedings-Meaning of term " inquiry "-Sections 152 (3), 390 (2). ... character, but nevertheless the instructions are in regard to an inquiry that was before the Magistrate. ... He had the right to intervene and give instructions as to the inqui....

2024 Supreme(BD)(SC) 14036

In the circumstances, we find force in the submission of the petitioner that the inquiry requires application of judicial mind and a trained Magistrate is a fit person to conduct the inquiry. ... into the complaint of an offence can be conducted either by a Magistrate or by a police officer or by any other person. ... Criminal Procedure and directed the CID, Dinajpur to conduct an inquiry

It cannot be emphasised too strongly that this application is in connection with a non-summary inquiry Chapter 16 of the Code requires the Magistrate to hold the inquiry in such a case. ... Before the inquiry was resumed the Attorney-General called for the record of the case and acting under the provisions of Section 390 (2) of the Criminal Procedure Code, sent instructions to the Magistrate to proceed with the inquiry on the charges which had already been read over by the #HL_ST....

2024 0 Supreme(Ker) 918

Order to give security - If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly ... Order to give security - If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry#HL_E....

2023 0 Supreme(All) 1347

Therefore, vide impugned order dated 28.07.2023, learned Magistrate has directed to preliminary inquiry in the matter. ... Mukesh Solanki and others), whereby in an application u/s 156(3) Cr.P.C, learned Magistrate has directed for a preliminary inquiry to be conducted by the Sub Divisional Magistrate, Modinagar, with regard to the allegations made in the application u/s 156(3) Cr.P.C. ... Therefore, learned counsel for the State submits that the learned Magistrate had vide discretion ....

2024 0 Supreme(Bom) 65

For forming an opinion to that effect, the Magistrate may himself hold an inquiry u/s. 202 of the Code, or direct investigation to be made by a police officer. ... Act, wherever it is found that any accused is resident of the area beyond the territorial jurisdiction of the magistrate concerned, an inquiry shall be conducted by the magistrate to arrive at sufficient grounds to proceed against the accused as prescribed under Section 202 of Cr.P.C. ... The learned Amici Curiae recommended that the #HL_STAR....

2024 0 Supreme(UK) 593

In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses. ... For forming an opinion to that effect, the Magistrate may himself hold an inquiry u/s. 202 of the Code, or direct investigation to be made by a police officer. ... If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses. In suitable cases, the Magistrate can examine documents for satisfacti....

2023 0 Supreme(SC) 930

On 22nd August, 2008, the learned Magistrate passed an Order directing holding of an inquiry under sub-Section (1) of Section 202 of the Cr.P.C. The order indicates that the learned Magistrate intended to himself hold an inquiry. ... The High Court was of the view that there was no proper inquiry made by the learned Magistrate in terms of subSection (1) of Section 202 of the Cr.P.C and therefore, the High Court remitted the complaint to the learned Magistrate from the....

2023 0 Supreme(All) 44

(g) ''inquiry' means every inquiry, other than a trial, conducted under this Code by a Magistrate or court," It is evident from the aforesaid provision, every inquiry other than a trial conducted by the Magistrate or the court is an inquiry. ... Emphasis was also laid that since the proceedings under Sections 200 is qua an inquiry proceeding under Section 202 (1) and therefore if a Magistrate has proceeded or inquired during the investigation under S....

2022 0 Supreme(Ker) 877

`Inquiry' means, every inquiry, other than a trial, conducted under the Code by a Magistrate or Court. ... Now the prosecution wants to tender two inquiry reports, viz. (i) an inquiry report under Section 176(1) by the Sub Divisional Magistrate and (ii) an inquiry report under Section 176(1-A) by the Judicial Magistrate, as evidence in the Sessions trial. ... In order to decide upon the sanctity of an inquiry report filed under Sect....

2021 0 Supreme(Chh) 284

A careful perusal of the aforesaid definitions would show that “inquiry” means every inquiry, other than a trial, conducted under the CrPC by a Magistrate or Court, as such, inquiry must be by Magistrate or Court. The Supreme Court in the matter of Raj Kishore Prasad v. State of Bihar and another, AIR 1996 SC 1931, held that committal proceedings do not fall squarely within the ambit of “Inquiry” as defined in Section 2(g) of the Code of Criminal Procedure. Similarly, “investigation” includes all the proceedings under the CrPC for the collection of evidence conducted by a p....

2021 0 Supreme(Mad) 2853

In the inquiry envisaged under Section 202, the witnesses are examined whereas under Section 200, examination of the complainant only is necessary with the option of examining the witnesses present, if any. The learned counsel for the respondents would rely upon the judgment passed by the Hon'ble Supreme Court in the case of Vijay Dhanuka and others v. Najima Mamtaj and others reported in (2014) 14 SCC 638, wherein it is stated as follows : No specific mode or manner of inquiry is provided under Section 202. “It is evident from the definition of 'inquiry' under Section 2(g) of Cr.P....

2018 0 Supreme(Ker) 275

It has held in Thariyath v. Fr. George [1987 KHC 158] that “an enquiry must be a proceedings by a Magistrate or a Court while an investigation relates to the steps taken by a police officer other than a Magistrate. The term 'inquiry' has a very wide connotation under the Criminal Procedure Code and it includes all steps taken by the Magistrate other than the trial conducted under this Code. The main argument advanced by the petitioner's counsel was that even the first agreement was executed in India, the entire transaction was effected at Abudabi, UAE. Inquiry is meant to include e....

2018 0 Supreme(Ker) 176

In Thariyath v. Fr. George, 1987 KHC 158 it is held that an enquiry must be a proceedings by a Magistrate or a Court while an investigation relates to the steps taken by a police officer other than a Magistrate. Inquiry is meant to include everything done in a case by a Magistrate. The term 'inquiry' has a very wide connotation under the Criminal Procedure Code and it includes all steps taken by the Magistrate other than the trial conducted under this Code.

2014 0 Supreme(Mad) 3482

The police have not even registered any First Information Report on the basis of the allegations made by the petitioner or his mother. In this case there is no inquiry by the police at all. What is contemplated in the said provision is an inquiry by a Judicial Magistrate, in addition to the inquiry held by the police. But I do not think that Section 176(1-A) can be invoked in this case.