SUDHIR KUMAR Vs. STATE

JUDGEMENT

(1.) This Rule was issued on the State of West Bengal to show cause why the proceedings now pending against the petitioner under Section 161, Penal Code should not be quashed. It is contended before us by Mr. Dutt on behalf of the petitioner that as in this case the investigation was by a Sub-Inspector of the Railway Police in violation of the provisions of Section 3 of Act 2 of 1947, the proceedings have no legal basis. Section 3 of Act 2 of 1947 is in these words:

(2.) The effect of the proviso is that Section 156, Criminal P.C. is made inapplicable to investigation of an offence under Section 161, Penal Code. What Section 156, Criminal P.C. provides is that any officer in charge of a police station may without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chap. 15 relating to the place of inquiry or trial. Sub-section (2) of this Section provides that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this Section to investigate.

(3.) It was contended by Mr. Banerjee on behalf of the State on the authority of a decision of the Allahabad High Court in -- 'Promod Chandra v. Rex', 52 Crl. L.J. 197 (All) that this investigation by a Sub-Inspector in violation of the provisions in the proviso that a police officer below the rank of the Deputy Superintendent of Police shall not investigate any such offence without the order of a Magistrate of the first class is merely an irregularity falling within Section 156 (2), Criminal P.C. Reason for the view taken by their Lordships of the Allahabad High Court is given in these words: