The Criminal Law Journal of India 1921 Reports

An order by the Commissioner of Police of Calcutta regarding the treatment while under suspension of members of the Calcutta Police Force was published in the Calcutta Police Gazette After the order had been in force for some considerable time it was discovered that the approbation of the Local Government had not been pbtained within the meaning of section 9 of the Calcutta Police Act but before [...] As regards the alleged mistake of fact the order in lonestion was contained in the Calcutta Police Gazette of the date of the 9th of Jane 1917 and it purported to be by way of eanselling a previous order which was published in the Oaleutta Police Gacette of the Otb of February 1917. [...].19Ihakrabarty I agree with the learned Chief Presidency Magistrate that the Daputy Vommissioner Lahiri in respect of the pairing the order of the 14th of February was protested by the provisions of section 76 and by the provisions of section 79. [...] Noin order of the Sub-Divisional Officer of Bhagalpur dated 11th December 1919 summoning them under section 155 Indian Penal Code and contend that the order is bad in law and ultra vim on account of the omission on the part of the Magistrate to examine the complainant on oath under section 20.) of the Code of Criminal Procedure before issuing processes against the accused The Sub-Inspestor of [...] If on the other band the report of the Police Officer was not a report within the meaning of clause (b) of section 190 and was only a (complaint under section 4 (4) of the Code the omission to examine the Sob Inspector un far section 200 was a mere irregularity and would not vitiate the proseelings against the petitioners as held in the two resent decisions of the Calcutta High Court referral