Madhya Pradesh Court April 1955 Judgments

State Vs. Santokh Singh

Court: Madhya Pradesh

Reported in: 1956CriLJ619

ORDERChaturvedi, J.1. Santokh Singh had been convicted under the Anns Act and sentenced to 3 years' rigorous imprisonment in Rajasthan. He is undergoing his sentence in Jail and has now been transferred to the Central Jaid, Lashkar, The Police now desire that he be transferred to their custody for investigation of an offence of murder that took place on the night of 25-2-1953 in Madhya Bliarat.The learned Magistrate before whom an application was made to this effect rejected it. The State then went in revision to the Sessions Judge, Gwalior, who has made this reference recommending that the order of the Magistrate dated 7-2-1955 be set aside and orders be passed for handing over Santokh Singh non-applicant to the Police for investigation for the said murder case.2. The learned Government Advocate sup. ports the reference on the ground that the police nave a statutory right to investigate an offence, and according to tile learned Government Advocate, the detention of the accused in the ...