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Queen-empress Vs. Kanappa Pillai. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad387
AppellantQueen-empress
RespondentKanappa Pillai.
Excerpt:
criminal procedure code - act x of 1882, section 202--reference of cases to the police for enquiry. - - in such cases it would generally be better that the enquiry should be prosecuted by a magistrate......we infer that he acted upon the view expressed in paragraph 4 of his own circular no. 557, dated 18th april 1895. we are of opinion that the rule there laid down is illegal, as section 202 of the code directs the magistrate to send a case for enquiry by the police only when he distrusts the truth of the complaint, and it requires the magistrate to give his reasons. the terms of the fourth paragraph of the district magistrate's circular actually override the provisions of the criminal procedure code, section 202.2. the orders of the police are not binding on the magistracy.3. we are further of opinion that great caution should be shown in sending, for investigation by the police, charges against members of that force. in such cases it would generally be better that the enquiry should be.....
Judgment:

1. The District Magistrate does not appear to have given any reasons for distrusting the truth of the complaint and sending the case for enquiry to the Superintendent of Police. We infer that he acted upon the view expressed in paragraph 4 of his own circular No. 557, dated 18th April 1895. We are of opinion that the rule there laid down is illegal, as Section 202 of the Code directs the Magistrate to send a case for enquiry by the Police only when he distrusts the truth of the complaint, and it requires the Magistrate to give his reasons. The terms of the fourth paragraph of the District Magistrate's circular actually override the provisions of the Criminal Procedure Code, Section 202.

2. The orders of the Police are not binding on the magistracy.

3. We are further of opinion that great caution should be shown in sending, for investigation by the Police, charges against members of that force. In such cases it would generally be better that the enquiry should be prosecuted by a Magistrate.

4. The District Magistrate is directed to proceed with the case according to law.

5. Ordered accordingly.


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