Therefore, it must have made provision for continuing the arrested person’s detention after 15 days in suitable cases and there is no provision barring that contained in Section This explanation necessarily refers to the stage when the offence is still under investigation by the police. Magistrate taking cognisance against the accused This communication is not a report within the meaning of Section b ; it need not state the facts constituting the offence and the Magistrate is not required to take cognizance on receipt of it; evidently if the communication does not state the facts the Magistrate cannot possibly take cognizance. King Emperor ‘, AIR PC 2 B , that where a power is conferred upon an authority to do an act in a particular manner, it must do it in that manner and in no other manner, applies; if the police are required by the Code to make a report in a particular manner they may not make a report at all, but if they make one, they must make it in the prescribed manner and in no other manner.
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The Court simply tries or holds an inquiry by examining witnesses produced before it by the police or the complainant; it does not investigate and docs not collect evidence.
There are 3, census records available for the last name Dukhi. Under Section 2 the Magistrate has hardly any discretion; if the police report to him that the investigation cannot be completed within 24 hours and that there are reasons to believe that the accusation or information is well founded, he will have no option but to remand the accused. View Census Data for Dukhi. If it would be absurd for the investigation to go on even after the case is disposed of, the absurdity results from holding that investigation can go on simultaneously with an inquiry or trial and not from the operation of any of the provisions laying down the procedure to be followed after cognizance has been taken.
The Legislature expects investigations to be completed within the period of 15 days, but frequently investigation must go on for more than 15 days; other persons involved in the commission of the offence may be absconding, identification proceedings in respect of the arrested persons or property may have to be done, a report may have to be obtained from an expert such as the Chemical Examiner or the Imperial Sereologist or a handwriting export, witnesses may not be available for interrogation on account oi illness or being away from their homes, or the investigating officer may be absent, on leave or may have more urgent investigations to do in the period.
Dukhi And Anr. vs State And Anr. on 9 May,
Census Record There are 3, census records available for the last name Dukhi. A Magistrate passing an order under Section may have to act judicially but acting judicially is not dependent on taking cognizance. Nasir Ahmad And Ors.
Though dukhj is not stated in the application, the applicants seem to have been arrested without a warrant by the police and the police are still investigating the matter. I do hot think that tin’s is the significance of the word “court”.
In the former case the police must act as duhi down in Section and in the latter case — as laid down in Section The applicants applied for a writ of habeas corpus under SectionCriminal P. It would have been useless for the dukhii to provide for the elaborate procedure to be followed before making a report it any application such as the one made in the case of Chunni Lal could be held to be a report.
Further investi- sic on after dukhu Magistrate has taken cognizance of sic offence may ‘even amount to contempt of his court and be illegal.
This dukyi may be duihi charge-sheet requesting the Magistrate to take cognizance of the offence and put the arrested person on trial or a final report informing him that there is no evidence against the arrested person or no reason to believe that he has committed the offence.
Their contention is that under SectionCriminal P. Within census records, you can often find information like name of household members, ages, birthplaces, residences, and occupations. The Legislature would not have left such an importan’t restriction unexpressed or to be inferred. Section is more general than Section 2which is confined in its operation to the stage of 15 days of investigation; it can be used at any stage and can be used by any Dukhj or Judge.
Name Directory – Dukhi, R to S in Canada | Canada People Finder
It was argued that the words “to postpone the commencement of View all Dukhi immigration records. It cannot be disputed that the report made by the police under Section is such a report. Many of the modern surnames in the dictionary can be traced back to Britain and Ireland.
Magistrate’s taking cognizance of an offence even during the pendency of an investigation. I do not agree with our learned brother that the interpretation that I am putting on Section would render the limit of 15 days placed by Section 2 useless.
Om Puri: Dukhi
Try out our Premium Member services: There are 1, military records available for the last name Dukhi. Therefore, it must have made provision for continuing the arrested person’s detention after 15 days in suitable cases and there is no provision barring that contained in Section There are immigration records available for the last name Dukhi.
A Magistrate granting remand under Section 2 has discretion to remand the accused either to police custody or to jail custody but it is doubtful if a Court granting remand under Section has such discretion and can remand the accused to police custody. An elaborate procedure is duhki down in the Code to be followed by the police before they make such a report; it follows that no other kind of report is permissible under the Code.
I do not see any reason for saying that the Magistrate must take cognizance even before receipt of. In that case it was observed by the learned Judges that the explanation to Section “clearly contemplates a stage prior to submission of the charge sheet and that time is wanted for further investigation.
There is only one provision dealing with further investigation after it has been once completed; it is that contained in Section 2. In no other case can further investigation e done after the submission of the report under Section