STATE Vs. SUNIL CHANDRA ROY AND ANR.

JUDGEMENT

(1.) The question which I have to decide is whether the provisions of Chapter XIV of the Code of Criminal Procedure are applicable to an investigation of a cognizable offence committed in the suburbs of Calcutta, to which the Calcutta Suburban Police Act (Act II of 1866), applies. Upon my decision of this point will depend whether or not section 162 of the Code Criminal Procedure should apply to certain statements of witnesses recorded by the investigating officer in this case.

(2.) It is well-known that with the exception of section 155, the provisions of chapter XIV of the Code do not apply to the Commissioner of Police, or me Police, in the town of Calcutta. Soil section (2) of section 1 of the Code provides :

(3.) By a notification in the Official Gazette, section 155 of Chapter XW v made applicable to the Calcutta Police.