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 : Kolkata
Reported in : AIR1956Cal157,1956CriLJ532
..... the calcutta police act is a special statute enacted for the better regulation of the police in the suburbs of the town of calcutta which by that act are excluded from the general police districts of bengal. ..... as i have already indicated the calcutta police act does not devise any kind of special procedure for trial of offences or otherwise dealing with them under that act with the result that the procedure indicated in the code is attracted by reason of the provisions of section 5 of the code.it is needless to say that if there was any special procedure provided by the act itself that procedure would have prevailed by reason of the provision of sub-section (2) of section 5 of the code.10. ..... the only question that arises in this case is whether the proceedings before the magistrate under section 38a, calcutta suburban police act resulting in an order of confiscation of the cycle rikshaw were proceedings to which section 517 of the code and those that follow it can be made applicable.4. ..... that section to make an order which would allow of the use of the magistrate's discretion in disposing of property in any circumstance in respect of which the offence has been committed.in other words, the question is whether section 38a(2), calcutta suburban police act puts out of commission the provisions of the code of criminal procedure as respects disposal of property. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal596,72Ind.Cas.372
..... facts proved in support of this charge of theft it was doubtful whether the court could draw this inference and the court might draw the inference that an offence punishable under section 54a of the calcutta police act had been committed, the accused might have been charged at the trial with both, those offences under section 236 and this conviction would be in accordance with the provisions of section 237, criminal ..... above reasons we hold that the accused could have been tried under the provisions of section 236 on charges of offences punishable under section 380, indian penal code, and section 54a of the calcutta police act and that, therefore, under section 237 she could be convicted of the offences punishable under the latter section though she was not changed with it.5. ..... of opinion the provisions of section 237, criminal procedure code, alone are sufficient and it is, therefore, unnecessary to consider whether the offence punishable under section 54a of the calcutta police act is a minor offence to that of retaining stolen property, punishable under section 411, indian penal code. ..... the first relates to the legality of the conviction under section 54a of the calcutta police act, on the charge framed, the other, to the legality of the conviction under this section on the ..... that a charge under section 54a of the calcutta police act might j have been joined, with a charge of theft under the provisions of section 236, criminal procedure code, was held by this court in the case of .....
Tag this Judgment!Court : Kolkata
Reported in : 43Ind.Cas.614
..... as i have stated, the present proceedings relate to the same act or series of acts to which the previous trial related, and it appears to us that before that trial it might have been said in the terms of section 236 that it was doubtful whether the facts which could be proved would constitute theft or receiving stolen property or an offence under section 54a of the calcutta police act. ..... rule was issued on the chief presidency magistrate to show cause why certain proceedings taken against the petitioner under section 54a of the calcutta police act should not be quashed. ..... five carts from the thana where it had been stored when he was again arrested, the jute being again seined, in order that the present proceedings might be taken against him under section 54 a of the calcutta police act. ..... is non disputed that the present proceedings relate to the same act or series of acts which were the subject of the previous trial. mr. ..... section 236 provides that 'if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such ..... whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained shall, if he fails to account for such possession or act to the satisfaction of the magistrate, be liable to fine, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : 97Ind.Cas.945
..... hold that under the law it is the duty of the deputy commissioner, a justice of the peace, to place an offender forthwith before a magistrate, for in the first instance there is no period mentioned in the calcutta police act within which this must be done, and in the second place, as a justice of the peace, the deputy commissioner is entitled to take such steps as may be necessary to complete an investigation before placing the matter before ..... but under section 7 of the calcutta police act, the deputy commissioner of police under whose order the petitioners are kept in custody is a justice of the peace and, as such, he acts as a justice of the peace so far as it may be necessary for the preservation of peace and detention of offenders in ..... which makes it incumbent upon police officers to produce the accused within 24 hours before a magistrate, is not applicable in calcutta; and it is also conceded that under the calcutta police act (iv of 1866) there is ..... under section 76 of the calcutta police act every person taken in custody without a warrant by a police officer shall be taken to the police-station in order that such person may be detained uatil he ..... police officer of the barabazar thana under section 76 of the calcutta police act ..... march, as they were coming out from the howrah court after being released on bail, they were arrested by the calcutta police and taken to the deputy commissioner who has since then kept them in hdjat and refused them bail, though repeated applications .....
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