CASES REGISTERED UNDER
SECTION 174 Cr. P.C. (Criminal Procedure Code)
Section 174 : In all cases where information is
received by Police Officer in charge of a Police Station that a person has
committed suicide or has been killed by another or by an animal or by an
accident or died under circumstances raising a reasonable suspicion that some
person has committed an offence, the officer in charge of the Police Station
having jurisdiction shall make an investigation u/s 174 (1) in the presence
of two or more respectable inhabitants of the locality and forward his report
under sub section (2) to the District Magistrate or Sub-Divisional
In case of any suspicious
death, the Station House Officer will register a case under section
174 Cr. P.C. and prepare a First Information Report (F.I.R), and submit the
same to the MRO within 24 hours. The FIR will contain the details of
complaint. After FIR is prepared, the
MRO and the Station House Officer will conduct Panchanama on the dead body
and then the Station House Officer will send the dead body for post marten
examination by a doctor. On the
receipt of PME report and verification of facts, the SHO will submit a final
report to the M.R.O. under the section 173 Cr. P.C. that is called as charge
sheet. If the information provided in
the final report is satisfactory, the MRO will accept the case and close the
file, otherwise, order for further inquiry or refer to the Judicial
This information has to be
kept permanently in the MR Office. This information is required for
submitting to the government the section cases booked during a particular
year or over a period of time.
Sec.176 Under Sub-section (1) of this section, any
Executive Magistrate specially empowered may hold an inquiry into the cause
of death either instead of or in addition to the investigation held by a
Police Officer u/s 174. If any person dies while in the custody of Police,
when the case is of the nature referred to in clause (i) or clause (ii) of
section (3) of sec.174 and if he does so, he shall have
all powers for holding an enquiry into an offence.
Under sub-section (3) of the section, he can cause the
dead body to be disinterred or exhumed in order to discover the cause of
death. While doing so, he shall wherever practicable inform the relatives of
the deceased, whose addresses are known and shall allow them to remain
present at the enquiry.
Criminal Justice in Agency Areas :
In scheduled tracks of Andhra Pradesh there is no separation
of judiciary and executive as such the Executive Officers have the judicial
functions to perform. In these Agency areas, for the time being the
Cr.P.C.1898 (Old Cr.P.C.) is in vogue. All the Mandal Revenue Officers
exercising the judicial functions in agency areas are 2nd class Magistrates.
The powers of the Magistrate of 2nd class is indicated
under Schedule III, II of Cr.P.C.1898. With regard to competence of
Magistrates of 2nd class to try offences, Schedules II of Cr.P.C.1898 is to
be looked into with reference to Column 8. Such are the offences triable by
Magistrate indicated in Col 8 of Schedule II are to be tried by the Mandal
Revenue Officers in the capacity of 2nd class Magistrates in Agency areas.
The Courts of Magistrates may pass the following
(Section 32 of Cr.P.C.1898)
of Presidency Magistrate and or Magistrates of Ist order.
for a term not exceeding two years, including such solitary confinement as
is authorised by Law. Fine not exceeding two thousand rupees.
Courts of Magistrates of the Second order.
for a term not exceeding Six months, including such solitary confinements
as is authorised by Law. Fine not exceeding Five Hundred Rupees.
The Mandal Revenue Officers in
Agency as Executive Magistrates cannot invoke powers U/s. 107, 108, 109, 145
& 146 of the Cr.P.C. But they can exercise powers U/s. 144 Cr.P.C.
SUMMONS CASES AND WARRANT CASES
Summons Case : means a case relating to an offence and
not being a warrant case.
Warrant Case : means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term
exceeding one year.
Trail : In trail of cases, there are 3 procedures viz.,