RAMESHBHAI PANDURAO HEDAU Vs. STATE OF GUJARAT
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Indian Penal Code, 1860 - Section 114 , Section 120-B , Section 302 , The Code of Criminal Procedure, 1973 - Section 156 (3) , Section 200 , Section 202 (2) , (3)
Practice & Procedure - Investigation - Power of Magistrate - Dead body of appellant's brother found near a high way - Post-mortem report showing that death to be a result of natural causes investigation closed - Appellant filed protest petition u/s. 156(3) CrPC for taking action against the accused for offence u/ss. 302, 114 r/w s. 120-B, IPC - Magistrate kept the complaint for Court inquiry, in accordance with s. 202, CrPC - Writ Petition against dismissed - Power to direct an investigation by the police authorities is available to the Magistrate both u/s. 156(3) CrPC and u/s. 202 CrPC difference is of the stage at which the said powers may be invoked - Magistrate treated the protest petition as a complaint u/s. 200, CrPC - Nothing irregular in the manner in which the Magistrate proceeded - Appeal dismissed.
Topic(s)-Practice & Procedure , Investigation , Power of Magistrate
Important Decision(s)- Power to direct an investigation by the police authorities is available to the Magistrate both u/s. 156(3) CrPC and u/s. 202 CrPC.