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Major E.G. Barsay Vs. the State of Bombay

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. .....

PravIn Chandra Mody Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1965SC1185; 1965CriLJ250; [1965]1SCR269

..... the divisional bench in the calcutta high court held that the section created a fiction by which the report of an excise or customs officer was to be regarded as the report of a police officer but only for the purpose of s. ..... 173, criminal procedure code, what other purpose could the legislature have had in mind in saying that it was a police officer's report he could suggest none, and we cannot also see what other purpose was intended. ..... 190 congnizance of an offence is taken in different ways : (a) upon receiving a complaint of facts which constitute an offence; (b) upon a report in writing of such fact made by any officer; and (c) upon information received from any person other than a police officer, or upon the magistrate's own knowledge or suspicion that such affiance has been committed. ..... 252 criminal procedure code, it is provided as follows :- '252 (1) in any case instituted otherwise than on a police report, when the accused appears or is brought before a magistrate, such magistrate shall proceed to hear the complaint (if may) and take all such evidence as may be produced in support of the prosecution : provided that the magistrate ..... - no court shall take cognizance of any offence punishable under this act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the indian penal code.' 7. ..... 190(1) of the code of criminal procedure, 1898. .....

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

..... the following categories of officers : (i) a police officer who is a member of the police force constituted under the police act; (ii) though not a member of the police force constituted under the police act, an officer who by statutory fiction is deemed to be a police officer in charge of a police station under the code of criminal procedure; and (iii) an officer on whom a statute confers powers and imposes duties of a police officer under the code of criminal procedure, without describing him as a police officer or equating him by fiction to such ..... recorded by a customs officer in the exercise of his powers under this section be an admission of guilt, it will be too much to say that that statement is a confession to a police officer, as a police officer never acts judicially and in proceeding before a police officer is deemed, under any provision so far as we are aware, to be a judicial proceeding for the purpose of sections 193 and 228, indian penal code, or for any purpose. ..... officer under the bombay abkari act, who, in the conduct of investigation of an offence punishable under the bombay abkari act exercised the powers conferred by the code of criminal procedure, 1898, upon an officer in charge of a police station for the investigation of a cognizable offence, was a police officer within the meaning of section 25 of the indian evidence act. ..... followed by other later decisions, is that of the calcutta high court in the queen v. ..... bench of the calcutta high court in ..... calcutta high .....

K. Veeraswami Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a

..... investigation into cases under this act- (1) notwithstanding anything contained in the crpc, 1898 (5 of 1898), no police officer below the rank,-(a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency-town of bombay, of superintendent of police; and(d) 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 (45 of 1860) or under section 5 of this act without the order of a presidency ..... (1) notwithstanding anything contained in the crpc, 1898, no police officer below the rank-(a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency-towns of bombay, of a superintendent of police; and(d) 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 section 5 of this act without the order of a presidency magistrate or a magistrate of the first class, as the .....

State of Haryana and Others Vs. Ch. Bhajan Lal and Others

Court : Supreme Court of India

Reported in : AIR1992SC604; 1992CriLJ527; JT1990(4)SC650; 1990(2)SCALE1066; 1992Supp(1)SCC335; [1990]Supp3SCR259

..... provisos reads thus:notwithstanding anything contained in the crpc, 1898 (5 of 1898, no police officer below the rank,-(a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency town of bombay of a superintendent of police; and(d) 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 (45 of 1860) or under 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 therefor without a warrant:provided that if a police .....

State of Uttar Pradesh and ors. Vs. Surinder Pal Singh

Court : Supreme Court of India

Reported in : AIR1989SC811; 1989CriLJ998; JT1989(1)SC169; 1989(1)SCALE214; (1989)2SCC470; [1989]1SCR347; 1989(2)SLJ121(SC)

..... investigation into cases under this act-(1) notwithstanding anything contained in the crpc, 1898 (5 of 1898), no police officer below the rank -(a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency-town of bombay, of a superintendent of police; and(d) 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 (45 of 1860) or under 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 therefor without a warrant:provided that if a police officer .....

State of Punjab Vs. Harnek Singh.

Court : Supreme Court of India

..... anything contained in the code of criminal procedure, 1898 (5 of 1898), no police officer below the rank, -- (a) in the case of the delhi special police establishment, of an inspector of police;(b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police;(c) in the presidency-town of bombay, of a superintendent of police; and (d) elsewhere, of a deputy superintendent of police, shall investigate any officer punishable under section 161, section 165 or section 165a of the indian penal code (45 of 1860) or under section 5 of this act without the order of a presidency magistrate or a magistrate of the ..... below the rank, --(a) in the case of the delhi special police establishment, of an inspector of police;(b) in the metropolitan areas of bombay, calcutta, madras and ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the code of criminal procedure, 1973 (2 of 1974), of an assistant commissioner of police;(c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank, shall investigate any offence punishable under this act without the order of a metropolitan magistrate or a magistrate of the first class, as the case .....

The State Of Jammu And Kashmir Vs. Dr. Saleem Ur Rehman

Court : Supreme Court of India

..... (1) notwithstanding anything contained in the code of criminal procedure, 1898 (5 of 1898), no police officer below the rank, (a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency town of bombay, of a superintendent of police; and (d) elsewhere, of a deputy superintendent of police, shall investigate any offence punishable under section 161, section 165 or section 165-a of the penal code, 1860 or under 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 therefor without a warrant: provided that if a police officer .....

A.C. Sharma Vs. Delhi Administration

Court : Supreme Court of India

Reported in : AIR1973SC913; 1973CriLJ902; (1973)1SCC726; [1973]3SCR477

..... investigation into cases under this act:(1) notwithstanding anything contained in the crpc, 1898, no police officer below the rank,-(a) in the case of the delhi special police establishment, of an inspector of police; (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency-town of bombay, of a superintendent of police; and(d) 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 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 if a police officer .....

State of Rajasthan Vs. Shambhoogiri

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)931; 2004(3)KLT520(SC); RLW2005(1)SC80; 2004(8)SCALE669; (2004)8SCC169; 2005(1)LC1(SC)

..... - (1) notwithstanding anything contained in the code of criminal procedure, 1898, no police officer below the rank, - (a) in the case of the delhi special police establishment, of an inspector of police;(b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police;(c) in the presidency-town of bombay, of a superintendent of police; and(d) 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 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 if a police officer .....