JUDGMENT : 1. The petitioners are arraigned as accused Nos.2 and 3 in Cr.No.21 of 2023 on the file of CID Police, Mangalagiri, Andhra Pradesh. Crl. P No.1351 of 2024 is filed by accused No.2 challenging the notice issued under Section 175 of Cr.P.C., Crl. P No.1191 of 2024 is filed by accused No.3 challenging the notices issued under Section 175 of Cr.P.C., in Cr.No.21 of 2023. Crl. P No.10081 of 2023 is filed by accused Nos.2 and 3 seeking quash of Cr.No.21 of 2023 on the file of CID Police Station, Mangaligiri, Andhra Pradesh. 2. The facts are peculiar in Crime No.21 of 2023. The petitioners are the parents of the accused No.1. The de-facto-complainant's son and the accused No.1 were married in December, 2016 at Guntur and soon after marriage the de-facto-complainant's son and the daughter of the petitioners left for U.S.A. It is alleged that the accused No.1 was not considering the de-facto-complainant family members and also holding out threats of implicating them in cases. It is also alleged that the accused No.1 was also holding out of threats to the daughter of the de-facto-complainant who was also staying in U.S.A. Other allegations relating to the nonadjustable character of accused No.1 are levelled in the complaint. 3. It is also alleged that the de-facto-complainant received a phone call that at around 05.55 a.m., (India Time) on 17.10.2022 informed the de-facto-complainant's wife that her son is no more and on enquiry she informed that Srinath (deceased) and the accused No.1 went to tricky and that the deceased had slipped and fell to the valley. The police were informed by an American couple. She also informed that the police found the dead body. It is submitted in the complaint that the de-facto-complainant and his wife went to U.S.A., and performed all the final rites to their son in U.S.A. Allegations that the de-facto-complainant was threatened not to enquire into the death of his son by the accused are also made in the complaint. Suspecting the involvement of the wife of the deceased son and also allegations of threatening by the parents of the daughter-in-law of the de-facto complainant, a complaint was lodged before C.I.D., Mangaligiri, Andhra Pradesh on 12.12.2023. Police registered a case vide Cr.No.21 of 2023 under Section 174 Cr.P.C., of CID Police. 4. Suspecting the involvement of the wife of the deceased son and also allegations of threatening by the parents of the daughter-in-law of the de-facto complainant, a complaint was lodged before C.I.D., Mangaligiri, Andhra Pradesh on 12.12.2023. Police registered a case vide Cr.No.21 of 2023 under Section 174 Cr.P.C., of CID Police. 4. The learned Senior Counsel appearing for the petitioners submits that when the deceased passed away in U.S.A., there could not be any scope for registering a case. It is also submitted that the de-facto-complainant could not have filed the complaint after 14 months after the death of his son in U.S.A. 5. The learned Senior Counsel further submits that by the day when the FIR was registered the body was cremated in U.S.A., The body was cremated soon after completing the formalities of handing over the dead body and after the petitioners and the de-facto-complainant and his wife reached U.S.A. 6. The learned Senior Counsel submits that registration of the said crime against the petitioners is only to harassing the petitioners family though there is no fault of the petitioners. The registration of FIR is bad in law and the learned Senior Counsel prays for quash the Cr.No.21 of 2023 on the file of CID, Mangaligiri, Andhra Pradesh. 7. During the pendency of the present petitions the CID Police submitted the final report on 07.03.2025 to the Mandal Executive Magistrate, Mangalagiri by closing the case as mistake of fact and that a notice was affixed to the wall of complainant's house as the complainant refused to take note of the report. 8. The learned Counsel appearing for the 2nd respondent submits that the final report is submitted by the police to the Executive Magistrate and not to the jurisdictional Magistrate. It is submitted that the police ought to have submitted the final report under Section 173 Cr.P.C., to the jurisdictional Magistrate by giving notice to the de-facto-complainant. 9. The learned Counsel appearing for the respondent No.5 places reliance on the judgment passed in WP No.4507 of 2023, whereby this Court considered the issue relating to challenging the submission of final report/case disposal report by the Investigating Officer to the Executive Magistrate instead of the jurisdictional Magistrate. 9. The learned Counsel appearing for the respondent No.5 places reliance on the judgment passed in WP No.4507 of 2023, whereby this Court considered the issue relating to challenging the submission of final report/case disposal report by the Investigating Officer to the Executive Magistrate instead of the jurisdictional Magistrate. The learned Judge of this Court directed the Executive Magistrate to return the copies of the final report to the concerned Police to enable them to file before the concerned jurisdictional Magistrate pursuant to which the concerned Court shall take steps for issuing notice etc., as per law. 10. Heard the learned Senior Counsel appearing for the petitioner and the learned Assistant Public Prosecutor and the learned Counsel for the other respondents. Perused the material on record. 11. The registration of an FIR under Section 174 of Cr.P.C., would empower the police officer to conduct an investigation regarding the cause of death about the receiving the information about the same and intimating the Executive Magistrate empowered to hold inquest. 12. The Hon'ble Supreme Court in Pedda Narayana v. State of Andhra Pradesh, 1975 INSC 90, held that the scope of the Section 174 of Cr.P.C., is limited and is only confined to determining whether the death was unnatural or the deceased died under suspicious circumstances. In Ravi @ Ravichandran v. State, rep. by Inspector of Police, (2007) 15 SCC 372, the Hon'ble Supreme Court held that the object of the report under Section 174 of the Code is to ascertain whether the death of the deceased is homicidal or not. In Brahm Swaroop v. State of U.P., (2011) 6 SCC 288 , the Hon'ble Supreme Court held that the purpose of an inquest report made under Section 174 of the Cr.P.C., is to investigate the apparent cause of death of the deceased and the manner in which the wounds have been inflicted upon the body. 13. The object of Section 174 Cr.P.C., in a gist is (a) to do a primary investigation regarding the cause of death of the deceased (b) prepare an inquest report to determine the apparent cause of the death (c) description of wounds, fractures, bruises or other injuries upon the body (d) to state the manner in which the weapon was used to inflict the injury. 14. 14. The following essentials of Section 174 of Cr.P.C., are mandatory (a) There must be a death of a person and the same must be informed to the police. (b) The nearest Executive Magistrate must be intimated regarding the death. (c) The Magistrate must be capable of holding the inquiries or inquiry. (d) The police must proceed to the place where the dead body was found. (e) The investigation must be done in the presence of two or more respectable inhabitants of the neighbourhood. (f) The investigation must be limited to the cause of death and description of wounds, fractures, bruises etc., if any. (g) The same must be mentioned in a report, which must be signed by the police officer conducting the investigation and other persons present during the investigation, as given under Section 174(2) of the Code. 15. Inquest on the dead body is conducted by the District Magistrate or Sub-Divisional Magistrate or any Executive Magistrate empowered by the State. 16. It is trite to refer to the definition of Section 1 Cr.P.C. Short title, extent and commencement.-(1) This Act may be called the Code of Criminal Procedure, 1973. (2) It extends to the whole of India 1 ***: Provided that the provisions of this Code, other than those relating to Chapters-VIII, X and XI thereof, shall not apply- (a) to the State of Nagaland, (b) To the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation.-In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in Paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on the 1st day of April, 1974. (Definition as defined in the Old Cr.P.C.) 17. In the present case, it is also relevant to refer to the definition of Section 174 Cr.P.C. 174. (3) It shall come into force on the 1st day of April, 1974. (Definition as defined in the Old Cr.P.C.) 17. In the present case, it is also relevant to refer to the definition of Section 174 Cr.P.C. 174. Police to enquire and report on suicide, etc.-(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate. (3) [When- (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-Divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. 18. When the death admittedly took place outside the boundary of the country there could not have been an occasion for the police to enquire into the cause of death and determine the same as unnatural or death under suspicious circumstances. 19. When there was no possibility of conducting an inquest on the dead body invocation of Section 174 Cr.P.C., has to be held as bad and without jurisdiction. The provisions of Cr.P.C., cannot be extended beyond the boundaries of the country. 20. The facts in the judgment relied upon by the learned Counsel for the respondent No.5 are different to the facts on hand. There in that case after registration of crime under Section 174 Cr.P.C., post-mortem examination was conducted and the final opinion of the Investigating Officer was also obtained. There the deceased died due to asphyxia due to drowning. 21. The facts in the judgment relied upon by the learned Counsel for the respondent No.5 are different to the facts on hand. There in that case after registration of crime under Section 174 Cr.P.C., post-mortem examination was conducted and the final opinion of the Investigating Officer was also obtained. There the deceased died due to asphyxia due to drowning. 21. The interested party was not satisfied with the investigation and the representation was made to the higher authorities to take up further investigation. The Police after further investigation closed the case as lack of evidence and the final report was sent to the jurisdictional Magistrate. This Court relied on the judgment passed in Smt. Reddy Devi v. State of A.P. and others, WP No.5027 of 2022, decided on 12.04.2022, this Court held that the Mandal Executive Magistrate after return the final copies to the police to file before the concerned jurisdictional Magistrate. In the present case, the very registration of FIR under Section 174 Cr.P.C., is not permissible on the facts. 22. Accordingly, this Court is of the considered opinion that Cr.No.21 of 2023 on the file of CID, Mangalagiri, Andhra Pradesh deserves Crl. P Nos.10081 of 2023 and 1351 and 1191 of 2024 to be quashed. The Crl. P No.10081 of 2023 is hereby allowed. As a consequence all further proceedings arising out of Cr.No.21 of 2023 which are under challenge in Crl. P Nos.1351 and 1191 of 2024 are hereby quashed. 23. Accordingly, the criminal petitions are allowed. 24. Pending miscellaneous petitions, if any, shall stands closed.