EMPEROR Vs. MADHO DHOBI

JUDGEMENT

(1.) This is an appeal at the instance of Government against an order of discharge, dated the 14 February 1903, of one Madho Dhobi, who had been arrested by Inspector Hamilton of the Colootollah thanah under the provisions of Section 55(b) of the Criminal P. C., on a charge under Section 109(c), that is, of having no ostensible means of subsistence or being unable to give a satisfactory account of himself.

(2.) The accused was discharged by Bench of Honorary Magistrates on the ground that Inspector Hamilton had no authority to arrest him, as he was not an officer in charge of a police-station within the meaning of paragraphs (p) and (s) Section 4 of the Code of Criminal Procedure, there being no declaration by Government declaring a thanah or police-station in Calcutta to be a police-station within the meaning of the Code. The Honorary Magistrates accordingly held that the accused was not properly before them.

(3.) Mr. O Kinealy, who appears on behalf of Government, argues that paragraphs (p) and (s) of Section 4 of the Criminal P. C. do not apply to the Police of Calcutta, whereas Section 55 expressly applies to them, and further that, whether the accused was properly before the Bench of Honorary Magistrates or not, their duty under Section 109 was to go on with the case, leaving the accused to take such steps to obtain redress for his wrongful arrest, if it were wrongful, as advised.