Power to hold investigation or preliminary inquiry
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Summary
When a Magistrate receives a report under section 176, they can order an investigation. They may instead start proceedings themselves immediately, or send a subordinate Magistrate to hold a preliminary inquiry. They can also dispose of the case in the manner provided in the Sanhita.
Example
Priya brings a report under section 176 about a break-in at her shop to the local Magistrate. The Magistrate directs a police investigation instead of holding the preliminary inquiry personally.
Bare Act
Enacted textThe Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita.
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