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Bhiku HosseIn Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1912)ILR39Cal1041
AppellantBhiku Hossein
RespondentEmperor
Excerpt:
magistrate, jurisdiction of - deputy magistrate in charge of the office of the district magistrate at head-quarters--subordination of the sub-divisional magistrate to such deputy magistrate--power of latter after taking cognizance and examining the complainant on oath to direct a local investigation by the former--irregularity, effect of--power of the same to dismiss the complaint, and order the prosecution of the complainant, on evidence taken at the investigation and on the report of the subdivisional officer--criminal procedure code (act v of 1898), sections 12, 202, 203, 476 and 529(f). - .....it himself, because it might prejudice our order in regard to the matter under section 476 of the criminal procedure code. he says it seemed to him that the proper course to take was to submit this reference for decision before proceeding to dispose of the other motion.2. we need not, therefore, go into the point of the necessity for further enquiry under section 203, as we have dealt with it in a similar case to this in a some-what lengthy judgment delivered this morning in which we pointed out that the government circular with regard to enquiries into complaints against police officers has been greatly misunderstood, that circular cannot be held to refer to any kind of local investigation under section 202 of the criminal procedure code, and that the local investigation which it.....
Judgment:

Holmwood and Imam, JJ.

1. This was a Reference made by the learned Sessions Judge of Dinajpore recommending that the order passed by the Deputy Magistrate at head-quarters, under Section 476 of the Criminal Procedure Code, directing the trial of the complainant under Section 211 and sending the case to the District Magistrate for orders, should be set aside. At the same time he informed us that there was a motion before him to order farther enquiry into the matter. He did not think it proper to deal with it himself, because it might prejudice our order in regard to the matter under Section 476 of the Criminal Procedure Code. He says it seemed to him that the proper course to take was to submit this Reference for decision before proceeding to dispose of the other motion.

2. We need not, therefore, go into the point of the necessity for further enquiry under Section 203, as we have dealt with it in a similar case to this in a some-what lengthy judgment delivered this morning in which we pointed out that the Government Circular with regard to enquiries into complaints against Police officers has been greatly misunderstood, that Circular cannot be held to refer to any kind of local investigation under Section 202 of the Criminal Procedure Code, and that the local investigation which it mentions is a full and complete judicial enquiry on the spot after process issued and hearing witnesses on both sides and taking the explanation of the accused person.


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