- (1.) Special leave granted.
(2.) The Medical Officer, Government hospital, Proddatur sent information to the First Class Magistrate, Proddatur that one K. Subbarayudu who had been sent to the hospital from the police lock-up with serious injuries, had died in the hospital. Thereupon, the learned Magistrate instead of straightway taking cognizance of the offence under section 190 (1)(c) of code of Criminal Procedure issued summons to the Sub-Inspector of Police and others for the purpose of holding an enquiry in order to determine whether cognizance should be taken or not. After the proceeding was kept pending for some time, the Sub-Inspector of Police moved the High Court to quash the proceeding on the ground that the Magistrate did not have the jurisdiction to hold any enquiry for the purpose of taking cognizance under section 190 (1)(c). The High Court accepted the contention of the police officer and quashed proceeding pending before the Magistrate. While we do not doubt that the Magistrate who receives information about the commission of an offence has no jurisdiction to hold a preliminary enquiry, as it were, for the purpose of taking cognizance under section 190(1)(c), we do with the quashing of the proceeding. The High Court should have given further directions as to how the matter should be dealt with. in course was to direct the learned magistrate to take cognizance of the offence and make over the case of the Chief Judicial Magistrate under section 190(1)(c) of the code of Criminal Procedure. We so order. The appeal is disposed of accordingly. Disposing of the appeal.;