Law: Criminal Procedure Code (V of 1898)

Section: 176,439,561-A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 176, 439 , 561-A---Inquiry by Magistrate into cause of death---Nature of such inquiry---Scope---Question before High Court was whether inquiry by Magistrate under S. 176, Cr.P.C. was judicial in nature, and whether such inquiry was subject to revision---Held, that inquiry under S. 176, Cr.P.C. was judicial in nature and subject to revision and revision thereagainst before Sessions Court was competent. In the matter of Troylokhanath Biswas and Ram Churn Biswas (1878) ILR 3 Cal. 742; Laxminarayan Timmanna Karki’s case AIR 1928 Bombay 390; Advocate-General v. MaungChit Maung and another AIR 1940 Rangoon 68; P. Rajangam, Sub-Inspector v. State of Madras and others AIR 1959 Mad 294; Khuda Bakhsh v. Province of West Pakistan and another PLD 1957 (W.P.) Lahore 662; Muhammad Anwar v. Sheikh Qurban Ali and 3 others 1973 PCr.LJ 882; The State v. Ch. Altaf Hussain Magistrate Ist Class, Gujrat and 2 others PLD 1978 Lah. 1259; Ghulam Hussain v. District Magistrate, Muzaffargarh and 3 others 1992 PCr.LJ 1870 and Mansab Ali v. Asghar Ali Faheem Bhatti, Additional Sessions Judge, Nankana Sahib and 3 others PLD 2007 Lah. 176 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 176, 439 , 561-A---Inquiry under S. 176, Cr.P.C. by Magistrate into cause of death---Revision against Inquiry Report issued by Magistrate while exercising powers under S. 176, Cr.P.C., maintainability of---Jurisdiction of Magistrate under S. 176, Cr.P.C.---Inquiry Report could not determine or opine on guilt/innocence of accused persons---Scope impugned order of Sessions Court whereby petitioner’s revision against Inquiry Report of Magistrate under S. 176, Cr.P.C. was rejected, on ground that same was not maintainable, and furthermore petitioner sought that such Inquiry Report be declared illegal as same travelled beyond jurisdiction---Validity’s revision against impugned Inquiry Report which was judicial in nature, was competent and ought to have been heard by the Sessions Court---Object of inquiry under S. 176, Cr.P.C. was merely to ascertain cause of death of a person who had died an unnatural death and Magistrate may opine apparent cause of death…

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