Court : Kolkata
Reported in : 1993CriLJ2096
..... applied accordingly to the commissioner of police calcutta on march 1, 1993 for usual permissions under the police act and calcutta police act, 1898 and all other act in force. ..... this court further alleged that the statutory powers of granting such permission upon consideration of the said application under relevant provisions of the police act (act v of 1961) and the calcutta police act, 1866 (act iv of 1866) and all other act and statutory orders or notifications in force, rests with the commissioner of police calcutta and he has not applied his mind by not admitting the said application nor by rejecting it and communicating his decision to the ..... the government of west bengal, seeking permission under relevant provision of the police act, the calcutta police act and other statutory orders or notifications in force, for holding the said public meeting at brigade parade ground, calcutta on and for using microphone at the said meeting. ..... 2 also met the calcutta police authorities, the home secretary and the chief secretary to the government of west bengal on different dates, after filing of the said application, with the purpose of expediting the said permission ..... in this writ petition the petitioners have challenged the order dated 31st march, 1993, issued by the commissioner of police, calcutta, 'whereby the commissioner regretted that permission cannot be accorded to the petitioners for holding a public meeting at brigade parade ground on 11th april, 1993 by relaxing the prohibitory .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal381,[1966(12)FLR50],(1966)IILLJ722Cal
..... 9-b (2) of the calcutta police act (introduced by west bengal act xv of 1962) reads as follows :'subject to the provisions of sections 10 and 11 the appointing authority or an officer not lower in rank than the appointing authority shall be competent to inflict all punishments on the members of subordinate ranks of the police force in disciplinary cases ..... a public servant to wit a constable of calcutta police sometime between 2-3-62 in calcutta criminally misappropriated 134 tolas of gold valued approximately about ..... being a public servant to wit a constable of calcutta police, wrongfully detained one bhakat bahadur rana otherwise known ..... public servant to wit a constable of calcutta police on 3-3-62 illegally accepted a sum of rs ..... was a constable in the calcutta police. ..... of 180, mahatma gandhi road, calcutta, in a hair cutting saloon at 26, gopi rose lane, calcutta, in consideration of returning the aforesaid bar of gold wrongfully seized by you and thereby have constituted an act unworthy of and unbecoming of a public ..... both the enquiring officer and the commissioner of police considered this objection and came to the conclusion, on evidence, ..... may 28, 1962, the petitioner was charged with misconduct as hereinafter stated:'you are hereby charged with conduct unbecoming of a police officer and acting dishonestly in that: 1. ..... acting on a private complaint received against the petitioner, there were certain enquiries made by the police as a consequence whereof the petitioner was placed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal138,1955CriLJ441,59CWN729
..... , that under the calcutta police act, 1866, the term 'investigation' is given the same meaning as in the criminal procedure code (vide section 3, calcutta police act), and in section 4(e), criminal p. c. ..... accordingly, so far as .the calcutta police act, is concerned, the term 'investigation', must be understood to mean 'investigation' including all the proceedings under the criminal procedure code as applicable to calcutta; unless any part of the criminal procedure code has been directly made applicable to calcutta by a government notification under the proviso to section 1(2) cr. p. c. ..... under section 78-a, calcutta police act, police officers holding investigation into offences may or may not record the statement of witnesses examined by them. ..... the provisions of the said section do notapply to investigations made by calcutta police.that being the case in trials arising within the presidency town of calcutta the accused cannot get copies of statements of witnesses recorded in police diaries as a matter of course, but in suitable cases the magistrate can order the granting of such copies under the provisions of section 145, evidence 'act, read with section 165 of the same act without making the accused go through the formalities of 'section .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal247,1956CriLJ732
..... as i have already indicated, obstruction to traffic or creating disturbances by shouts at a public place is not per se sought to be punished by section 62a, calcutta police act.it is the violation or infringement of an order made orally or in writing by the officer concerned which is the gist of the offence and which brings a person guilty of such violation or infringement within the mischief of the ..... therefore a person who is being prosecuted under section 62a, calcutta police act has a right to know with precision what exactly is the offence which he has committed in order that he might make an effective answer to the allegations made against him.in this view it is not merely a question of technical ..... returning to the substantial question as to the requirement of section 62a, calcutta police act, i feel bound to reiterate that it is impossible for the accused person proceeded against under that section to offer any explanation of his conduct if the real gravamen of the offence is not indicated in the challan or the ..... the offence dealt with under section 62a, calcutta police act being a summons case offence the provisions of section 242 of the code will be automatically attracted as soon as the trial commences.that section requires that when the accused appears or is brought before the magistrate ..... appears that on 18-10-1954 a police challan was submitted in the court of the learned magistrate against the petitioner and another under section 62a, calcutta police act (act 4 of 1866). .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal67
..... the relevant provisions of the calcutta police, act (beng. ..... pertinacity and ability, that there can be no conceivable reason for the legislature to have omitted to prescribe with reference to confessions made in the course of the investigations held by the calcutta police those elementary and essential safeguards which have been so jealously provided for in the other cases. ..... two prisoners are utterly unfounded and untrue, but that there are circumstances in the case which make me hesitate to hold that they are not such as would be excluded as coming within section 24 of the evidence act, and acting on the principle that in a case of doubt on the question of admissibility of evidence, when it is of such vital importance to the prisoners as their own confessions, one should not hold them as admissible, unless one is ..... but think that the story of coercion, which, these retractations tell, is a pure invention; and it was really gratifying to find that not much use was made of it while tin's police officer was in the witness box under cross-examination, and that the learned counsel appearing for the prisoners, in the course of their arguments on the question of admissibility of the confessions, made ..... it is true that by act v of 1898 a new sub-section, namely, sub-section (3), ..... ' these forms were also used by the presidency magistrates when the code of 1898 was in force, though section 164 of that code was unquestionably not applicable to them, and they have also been used in ..... (1898) .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal587
..... on a consideration of relevant provisions of the calcutta, police act (bengal act v of 1866), 1 am disposed to take the view that there is no power of detention for an unlimited period, such as is claimed on behalf of the prosecution in the deputy commissioner by virtue of his being a justice of the peace. ..... bose with his usual pertinacity and ability that there can be no conceivable reason for the legislature to have omitted to prescribe with reference to confessions made in the course of investigations held by the calcutta police, those elementary and essential safe-guards which have been so jealously provided for in other cases. ..... two prisoners are utterly unfounded and untrue, but that there are circumstances in the case which make me hesitate to hold that they are not such as should be excluded, as coming within section 24 of the evidence act; and acting on the: principle that in a case of doubt on the question of admissibility of evidence when it is of such vital importance to the prisoners as their own confessions, one should not bold them as admissible unless one is affirmatively satisfied as to their ..... it is true that by act v of 1898 a new sub-section, namely, sub-section (3) was introduced into section 156. ..... these forms were also used by the presidency magistrate when the code of 1898 was in force though section 164 of that code was unquestionably not applicable to them, and they have also been used in recording the present two confessions. ..... queen-empress (1898) 25 cal. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom205; (1962)64BOMLR188
..... provides:' notwithstanding anything contained in the code of criminal procedure, 1898, no police officer below the rank- (a) in the presidency towns of madras and calcutta of an assistant commissioner of police, (b) in the presidency town of bombay, of a superintendent of police, and (c) elsewhere, of a deputy superintendent of police, shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class, as the ..... accused being committed to him for trial, and in trying the accused persons, shall follow the procedure prescribed by the code of criminal procedure, 1898, for the trial of warrant cases by magistrates'.sub-section (2) , in effect, provides:'a special judge may tender a pardon to an accomplice and in doing so, he shall be deemed to have acted under section 338 of the code of criminal procedure'.sub-section (3), in effect provides:' the provisions of the code of criminal procedure shall apply ..... sub-section (3) lays down:' save as provided in sub-section (1) or sub-section (2), the provisions of the code of criminal procedure, 1898, shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of sessions trying cases without a jury,..........' . mr .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1762; 1961CriLJ828; [1962]2SCR195
..... reliance is placed reads : 'notwithstanding anything, contained in the code of criminal procedure, 1898, no police officer below the rank - (a) in the presidency towns of madras and calcutta, of an assistant commissioner of police, (b) in the presidency town of bombay, of a superintendent of police, and (c) elsewhere, of a deputy superintendent of police, shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class ..... , as the case may be, or make any arrest therefore without a warrant : provided that a police officer of the delhi special ..... now, therefore, the central government doth hereby accord sanction under section 197 of the criminal procedure code (act v of 1898) and section 6(1)(a) of the prevention of corruption act, 1947 (ii of 1947) to the initiation of proceedings to prosecute in a court of competent jurisdiction the said major e. g. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H151; 1955CriLJ1101
..... notwithstanding anything contained in the codeof criminal procedure, 1898, no police officer below the rank: (a) in the presidency towns of madras and calcutta, of an assistant commissioner of police, (b) in the presidency town of bombay, of a superintendent of police, and (c) elsewhere, of a deputy superintendent of police, shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code (act 45 of 1860) or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class as the case may ..... special judges from taking cognizance of offences under sections 161, 165 or 165a of the indian penal code or sub-section (2) of section 5 of the act when the investigation was by a police officer of lower rank than the deputy superintendent of police without the order of a magistrate of the first class, section 8 of the criminal law amendment act, 1952, ought to have provided that no special judge shall take cognizance of such offences unless the investigation was by deputy superintendent ..... section 5(4) of the act provided:'notwithstanding anything contained in the code of criminal procedure, 1898, a police officer below the rank of a deputy superintendent of police shall not investigate any offence punishable under sub-section (2) without the order of a magistrate of the first class or make any arrest therefore without a warrant.'5. .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ142; (1961)GLR664
..... this change has been effected by section 5a of the prevention of corruption act, which reads as follows:notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898), no police officer below the rank:(a) in the presidency towns of madras and calcutta, of an assistant commissioner of police,(b) in the presidency town of bombay, of a superintendent of police, and(c) elsewhere, of a deputy superintendent of police, shall investigate any offence punishable under section 161. ..... section 5a provides that notwithstanding anything contained in the code of criminal procedure, 1898, (act v of 1898), no police officer below the rank of a deputy superintendent of police shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code or under sub-section (2) of section 5 of the prevention of corruption act. ..... in : 1957crilj892 , it was held that although the provisions of the prevention of corruption act relating to the rank of the police officer in the matter of investigation of an offence under the act had not been complied with, the defect in the investigation would not take away the jurisdiction of the special magistrate to try the ease, hi view of these decisions, notwithstanding the illegality in the investigation and ..... section 551 of the criminal procedure code and section 91 (sic) of the police act give the same powers to all superior officers of police. .....
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