Inquiry means every inquiry, other than a trial conducted under this Code by a Magistrate or a Court.
Cases 4n which an inquiry may be made- The Criminal Procedure Code permits an inquiry to be made in the following five cases:
1. In security proceedings under the Code, when the person informed against appears, the Magistrate must inquire into the truth of the information, and take further evidence, if necessary. Such an inquiry is to be conducted in the same manner in which a summons-case is tried. (S. 116)
ADVERTISEMENTS:
2. In cases of disputes concerning land or water, which are likely to cause a breach of the peace, the Magistrate is empowered, without reference to the merits of the claims, to pursue the statements, documents and affidavits, hear the parties, and conclude the inquiry and decide the question whether any, and which, of the parties was, at the date of the order, in possession of the property in dispute. (S. 145)
3. On receiving a report from the police in a non-cognizable case, the Magistrate may (i) direct the investigation; or (ii) proceed to hold a preliminary inquiry, or depute any subordinate Magistrate to do so, or (iii) otherwise dispose of the case. (S. 159)
4. A Magistrate must, in the case of a person dying in police custody, and in other cases, he may, hold an inquiry into the cause of the death of any person dying an unnatural death (disinterring the dead body, if necessary), either instead of, or in addition to, the investigation by the Police Officer concerned.
5. When a complaint of an offence is made to a Magistrate, he may (for reasons to be recorded in writing) postpone the issue of process for compelling the attendance of person complained against, and — either
Image Source: 185.26.182.219
ADVERTISEMENTS:
(i) Inquire into the case himself; or
(ii) Direct inquiry to be made by any Magistrate subordinate to him, or by a Police Officer, or by any other person, for ascertaining the truth or falsehood of the complaint. (S. 202)