UP Police Regs 501Chapter 32 · Departmental Punishment of Police Officers and Their Criminal Prosecution
Section 501 · Paragraph 484. Variation in the nature of investigation according to the nature of the offence
Text size — level 1 of 4
The nature of the investigation in a particular case will vary depending on the nature of the crime. If a District Magistrate receives information about an offense, whether cognizable or non-cognizable, as per the Second Schedule to the Code of Criminal Procedure, he may, exercising his powers under the Code of Criminal Procedure:
(1) order a magisterial inquiry,
or
(2) order a police investigation.
If a magistrate other than the District Magistrate receives information and takes cognizance of the offense, he must immediately report the case to the District Magistrate, who shall withdraw the case to his court under Sections 408 to 412 of the Code of Criminal Procedure. The District Magistrate may then act as if the complaint had originally been made to him.
This power extends to cases under Section 29 of the Police Act, but an inquiry by a magistrate under this section will only be ordered in extremely exceptional circumstances.
Comment
Paragraphs 483 and 484 provide for a magisterial inquiry. In Surendra Bahadur v. State, it was held that in a case alleging bribery, corruption, etc., the District Magistrate can order a magisterial inquiry against a Sub-Inspector by exercising the powers under Section 202 of the CrPC.
(1) order a magisterial inquiry,
or
(2) order a police investigation.
If a magistrate other than the District Magistrate receives information and takes cognizance of the offense, he must immediately report the case to the District Magistrate, who shall withdraw the case to his court under Sections 408 to 412 of the Code of Criminal Procedure. The District Magistrate may then act as if the complaint had originally been made to him.
This power extends to cases under Section 29 of the Police Act, but an inquiry by a magistrate under this section will only be ordered in extremely exceptional circumstances.
Comment
Paragraphs 483 and 484 provide for a magisterial inquiry. In Surendra Bahadur v. State, it was held that in a case alleging bribery, corruption, etc., the District Magistrate can order a magisterial inquiry against a Sub-Inspector by exercising the powers under Section 202 of the CrPC.
Your private note on this section
Only you can see this note.
