SARDAR Vs. STATE

JUDGEMENT

(1.) This Rule raises the question whether certain proceedings in commitment should be held under the provisions of Section 207-A of the Code of Criminal Procedure or under Section 208 and the succeeding sections of Chapter XVIII of the Code.

(2.) Consequent on an information lodged at the Burtolla Police Station that about five Sikhs had on the 16th of December, 1957, forcibly abducted a man named Gobinda Prosad Banerjee, since deceased, from his house and taken him away in a taxi, an investigation followed which resulted in a charge-sheet against these petitioners. The charge-sheet was submitted on the 24th of April, 1958 and it purported to be one under Section 173 of the Code.

(3.) Question arose before the learned Magistrate holding the enquiry under Chapter XVIII, whether the inquiry was to be held under the new provision contained in Section 207 A or under Section 208 and the sections that follow. The Question became pertinent by reason of the extension of Section 156 of ,the Code, during the progress of the investigation which had commenced at a time when the section did not apply to the police in the town of Calcutta.