proceedings of an inferior Criminal Court, which would justify our interference under Sections 435 and 439 , Criminal Procedure Code.
4. "We, therefore, merely ... Government under Section 12 of the Criminal Procedure Code. Under Section 26 of the Code of Criminal Procedure such Magistrates may be suspended or removed
invoking the powers under Section 176 read with Section 174 of the Code of Criminal Procedure into the cause of death. Section 176 , ... section, includes any proceeding in the course of which evidence is or may be legally taken on oath, and sub-section (2) of Section 176
Executive Magistrate, is contemplated under Sections 174 and 176 of the Code of Criminal Procedure.
174. Police to enquire and report on suicide ... District Magistrate or the Sub-divisional Magistrate.
Section 176 of the Code of Criminal procedure contemplates about the inquiry by the Executive Magistrate
knowledge. The petitioner sumbits that the procedure prescribed by Section 190 Crl. Procedure Code directs a corn-plaint to be filed in accordance with ... Section 100 (I) Crl. P. C. which prescribes the requisite conditions for the initiation of proceedings. To take cognisances under Section 190 Crl. Procedure Code
Respondent / Complainant
PRAYER: Appeal is filed under Section 374(2) of the Code of
Criminal Procedure, against the Judgment, dated ... introduction of Sub-Section (1-A) of Section
176 of Code of Criminal Procedure, by amendment Act 25 of
2005, with effect from
five classes of criminal Courts constituted by Section 6 of the Code of Criminal Procedure; (2) that a proceeding under Section 176 of the Criminal ... procedure before him possibly resembles Court procedure. The enquiry held by him is purely of an executive nature. Section 174 of the Criminal Procedure Code
BLAPL No. 8012 Of 2016
An application under section 439 of the Code of Criminal
Procedure, 1973 in connection with Sessions Case ... criminal. Nowhere, it is stated in the
Code, that simply because the Judicial
Magistrate is holding an inquiry under sub-
section (1A) of Section 176
respondents to scrupulously follow
the mandate of Section 176(1-A) of Criminal Procedure Code by ordering an
inquiry shall be held by the Judicial ... respondents to scrupulously
follow the mandate of Section 176 (1-A) of Criminal Procedure Code by
ordering an enquiry shall be held by the Judicial
thereafter to R4. The enquiry conducted
under Section 151 of the Code of Criminal Procedure (in short ‘ Cr.P.C .’) gave
an entirely different version ... that a
case had been registered in Crl.O.P.No.409 of 2006 under Section 176 Cr.P.C.
based upon the complaint
section (3) of Section
174 ], the nearest Magistrate empowered to hold
inquests shall, and in any other case mentioned in
sub-section (1) of section ... Magistrate.
7.4 The marked difference between Sub-section (1) and Sub-
section (1-A) of Sec 176 Cr.P.C . is that the expression