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 : 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 : 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 : 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 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj157; 1970CriLJ1090; (1970)0GLR781
..... 'notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898), no police officer below the rank: (a) in the case of 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 indian penal code, 1860 (act xlv of 1860) or under section 5 of this act, without the order of a presidency magistrate or a magistate ..... of the first class, as the case may be, or make any arrest therefor without a warant;provided that if a police .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1963CriLJ546
..... of the prevention of corruption act (1947) (as amended by act 59 of 1952, notwithstanding anything contained in the code of criminal procedure (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 165 or section 165a of the indian penal code (xlv of 1860) or under sub-section (2) of section 5 of the act, without the order of a ..... for the conspiracy also was barred so far as that particular object was concerned.but as regards the second object of the conspiracy, the prosecution is not barred under section 40(2) because it involved certain acts which were not things done under the act and need not be done in official capacity, the official status furnishing only an occasion or opportunity for the commission of the offence and such ..... mubarak all : 1959crilj920 , the supreme court pointed out that a magistrate could not surrender his discretion to a police officer, but must exercise it, having regard to the relevant material made available to him at that stage and that the magistrate, must also be satisfied that there was sufficient reason, owing to the ..... it was held by the calcutta high court that a carbon copy of a search list with certain ink writings on it was not admissible under section 62, evidence act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1961CriLJ58
..... corruption act reads as follows:notwithstanding anything contained in the coda 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 ..... 165-a of the indian penal code act xlv 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 be, or make any arrest therefor without a warrant:provided that a police officer of the delhi special police establishment, not below the rank of an inspector of police, who is specially authorized by the inspector general of police of that establishment may, if he ..... officer of the police below the rank of a deputy superintendent in non-presidency towns can investigate an offence punishable under section 161 and section 5 sub-section (2) of the prevention of corruption act without the order ..... servants, who had to discharge their functions -often enough in difficult circumstances - should not be exposed to the harassment of investigation, on information levelled possibly by persons affected by their official acts, unless a magistrate is satisfied that investigation is called for and, on such satisfaction, authorises the same giving their decision on the point their lordships held:we are, therefore, clear in our .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009CriLJ559
..... 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 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 therefore without a warrant:provided that if a police officer .....
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