Court : Kolkata
Reported in : 74Ind.Cas.261
..... orr who appeared for crown, was prepared under section 47(a) of the calcutta suburban police act (iii of 1888)--the offence in question having been committed in bhowanipur which falls within the area covered by the suburban police act and that the diary in question being prepared under section 47(a) of the suburban police act there is no question that a privilege attaches to it, that section 172 has no application and that, therefore, the accused person would be entitled to rise ..... those statements, recorded by the police officer, of witnesses who have been examined in the case, to contradict those witnesses ..... the accused, for the purpose, apparently, of contradicting the witnesses for the prosecution, questioned the witness (police officer) with regard to certain statement made to him by the witnesses and on his stating he did not recollect asked him to refer to his diary ..... accused is entitled to see the statements of the witnesses recorded by the investigating police officer who have been examined in court and to use them to contradict the statements made by these witnesses under the provisions of section 145 of the evidence act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal557
..... accused was discharged by bench of honorary magistrates on the ground that inspector hamilton had no authority to arrest him, as he was not an officer in charge of a police-station within the meaning of paragraphs (p) and (s) section 4 of the code of criminal procedure, there being no declaration by government declaring a thanah or police-station in calcutta to be a police-station within the meaning of the code. ..... o'kinealy, who appears on behalf of government, argues that paragraphs (p) and (s) of section 4 of the code of criminal procedure do not apply to the police of calcutta, whereas section 55 expressly applies to them, and further that, whether the accused was properly before the bench of honorary magistrates or not, their duty under section 109 was to go on with the case, leaving ..... (p) and (s) of section 4 have not been expressly made applicable, and hence they do not apply to the calcutta police. ..... of the code is, however, expressly applicable; so the arrest of madho dhobi by inspector hamilton, who says he is in charge of a police-station in calcutta, appears to have been quite legal.5. ..... 1(2)(a) of the code of criminal procedure, it is clear that the code docs not apply to the police of calcutta, unless expressly made applicable to thorn. ..... we set aside the order of discharge of the act used madho dhobi, and direct that he be re-arrested and that the bench of honorary magistrates do proceed with the case against him under the provisions of section 109 of the code of criminal .....
Tag this Judgment!Court : Kolkata
Reported in : 91Ind.Cas.895
1. it appears from the report of the police surgeon that the girl maharani dassi is over 16 years of age. she was removed from a brothel under the provisions of the calcutta suppression of immoral traffic act, 1923, and placed in a girls' school where she was receiving education. when the school closed for the annual vacation, she was placed in charge of a gentleman of the locality in compliance with the request made by a respectable gentleman who is interested in her. the police took all possible care for the welfare of the girl. it took charge of her under section 5 of the act as she appeared to be below 16 years of age. this rule was issued under section 491 cr.p.c., for an order of this court that she might not be further kept in charge of the police and be set at liberty. now it appears that according to her own and her mother's statement as also in the opinion of the police surgeon she is over 16 the police has no further jurisdiction to exercise under the act of 1923. we, therefore, direct that she be immediately set at liberty.
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 .....
Tag this Judgment!Court : Kolkata
Reported in : 38Ind.Cas.423
..... with regard to the presence of the policeman in the jury-room, i have made enquiries and i ascertain that it is in accordance with the practice observed in this court that the police officer who is put in charge of the jury generally goes into the corridor near the jury-ro9m which is so situated that it opens on the corridor on one side: there is a door which leads from the court ..... but in this case it is to be noted that it is not suggested that the fact of the police constable being present has in any way affected the deliberations of the jurors, that he in any way interfered with them, or that the jurymen had felt inconvenience by his presence ..... the second ground on which the application was based was that after the judge's charge, the jury were locked up in the jury-room and a police officer was present in the room throughout and heard their deliberations. ..... we have only the information which has been laid before us on behalf of the petitioner in this case, and he does not suggest any facts to show that the police officer did not act in accordance with the oath.15. ..... as far as i am concerned, i shall take steps in future that the police constable should be stationed in such a place that he cannot hear any part of the deliberations of the jurors.9 ..... in dealing with the question of the police officer, i ought to have mentioned that the form of the oath a police officer is required to take is this: 'you swear that you shall well and truly keep this jury in a convenient and private place .....
Tag this Judgment!Court : Kolkata
Reported in : 2004CriLJ1116
..... be proper to reproduce section 624 of the companies act which is as follows :'notwithstanding anything in the code of criminal procedure, 1898 (5 of 1898), every offence against this act shall be deemed to be ..... financial institution but i am not called upon to answer this question at this stage so long the case at the instance of sebi is pending before the court of the learned chief metropolitan magistrate, calcutta and for this reason it would not be proper to direct the sebi to take charge of the assets of the company for the present ..... . it is made clear that i have not gone into the merits of the case pending before the learned chief metropolitan magistrate at calcutta, and as such, there will be no impediment on the part of the authorities to proceed with the case without being influenced ..... hand, the court (chief metropolitan magistrate, calcutta) is in seisin of the complaint as regards non-compliance with the provisions of the companies act, and side by side, the above mentioned six cases have been started by the police in which attempts are being made to find out whether the petitioner or his company has actually cheated the public at large due to non-compliance with the provision of the companies act, in this connection, it would .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal97
..... 14 of the act, and the point for consideration is, whether the investigation, in the course of which the statement in question was made, was an investigation under that chapter.the investigation was by the calcutta police in the town of calcutta, and unless there is some specific ..... the learned magistrate considered that the investigation by the customs authorities and the calcutta police constituted an enquiry under the code and that as there was such an enquiry pending at the time of the application for a search warrant he was justified under the law ..... it is unnecessary to speculate whether this would have the effect of converting an examination by the calcutta police of documents into an investigation, because in fact no such order was thought of in the ..... an examination of the petitioner's books by the calcutta police would also have failed to satisfy the definition of investigation, because the calcutta police have no power to conduct proceedings under the code for the collection of evidence, since the ..... obvious that in the very nature of things the prosecutor would have an opportunity of looking at the documents thus seized, and it is difficult to conceive that if in the case of a search and seizure by the police the prosecutor necessarily inspects the documents or articles seized the legislature intended that he should not have the same opportunity or privilege where under the order of the court any particular document or other thing is ..... 8, schedule 5, act 5, 1898) (section 96, .....
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 : 44Ind.Cas.770
..... the source of the words appears to be the similar but not in all respects identical act in force in bombay (bombay act iv of 1898), though counsel was stopped by the court from arguing that what may have been done in bombay under that act was of any assistance in interpreting the calcutta act. ..... in this case we are concerned with a street scheme, but sections 4i and 42 deal with improvement schemes generally and no separate provision has been made in the act for acquisition of land in respect of street schemes, whereas in the bombay act iv of 1898, acquisition of land necessary for or 'affected' by the execution of a street scheme has been dealt with together in section 51, clause (a). ..... i think sections 78 and 81 taken together show that power to acquire land for recoupment has been given by the calcutta improvement act, and in section 42, the word 'affected' was deliberately used as a word having a very large meaning, 'to give large powers of acquisition of land outside immediate requirements. ..... out that when land is acquired under the calcutta municipal act, the market value of the land or building under section 557 (d) of that act shall, until the contrary is shown, be presumed, for the purposes of clause first of sub-section (1) of section 23, to be twenty-five times the annual value of the property as entered in the assessment book prescribed by the act, and when land is acquired under the land acquisition act the owner is entitled to the 15 per cent .....
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