Local inquiry
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Summary
District or Sub-divisional Magistrates can send a subordinate Magistrate to carry out any local inquiry needed for proceedings under sections 145 to 147, and give written instructions for guidance. The deputed officer's report may be read as evidence in the case. The deciding Magistrate can order who must pay the inquiry costs and may award reasonable witness and pleader fees.
Example
Priya and Ravi dispute the boundary between their adjoining plots and the case proceeds under section 145. The District Magistrate deputes a subordinate Magistrate to inspect the site with written instructions, and that officer files a report. The deciding Magistrate reads the report as evidence and orders Ravi to pay part of the inquiry costs and reasonable pleader fees.
Bare Act
Enacted text(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.
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