They were arrested on a charge of murder and are being detained in prison under the orders of a Magistrate since in one case and in the other case. 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. Cites 7 docs – [ View All ]. It could not have contemplated that the arrested person must be released from custody after the expiry of 15 days regardless of the nature of the accusation or information against him and regardless of the quantity of evidence so far available against him. There are immigration 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
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Dukhi And Anr. vs State And Anr. on 9 May,
If the investigation cannot be completed within 24 hours, the police must forward the accused to the nearest Magistrate; see Section 1.
There is nothing in Section to suggest that the Magistrate must take cognizance efore taking action under it. Since the period of investigation expressly allowed by the Legislature in Section 2 is of 15 days, the report mentioned in Section must be made within 15 days if possible and the acts mentioned in Sections and must necessarily have been done before the report is made.
I do not see any reason for saying that the Magistrate must take cognizance even before receipt of. He was remanded to custody after having been in detention for 15 days by a Magistrate who had no jurisdiction duohi take cognizance of the offence. Our learned brother did realize that further investigation, though it can go on after the Magistrate has taken cognizance of the oifence, cannot go on after he has disposed cukhi the case and consequently was forced to lay down that the Magistrate should not pass final orders in the case so long as the investigation has not been completed.
There is nothing to be done by a Magistrate after taking cognizance on a police report and before the commencement of an -inquiry or trial; so postponing commencement of an inquiry or trial may include postponing the taking cognizance of an offence. Further investi- sic on after the Magistrate has taken cognizance of sic offence may ‘even amount to contempt of his court and be illegal.
The Magistrate dukih will decide whether to postpone the commencement of enquiry or trial and remand the accused. Passenger lists are your ticket to knowing when your ancestors arrived in the USA, and how they made the journey – from the ship name to ports of arrival and departure.
I have, therefore, no doubt that no cognizance can be taken by the Magistrate on the communication received from the police along with the accused under Section Sorry, we couldn’t find geographic disribution information for Dukhi. Under Section a Magistrate not empowered to take cognizance of the offence can remand the accused to custody for no more than 15 days; therefore, the detention of Kali Charan beyond 15 days under the orders of a Magistrate, who was not empowered to take cognizance of the offence, was unlawful, regardless of the question whether Section applies only after cognizance of the offence has been taken or also while the investigation is going on.
If on the other hand it appears to the police that there is sufficient evidence or reasonable ground, they must forward the accused under custody to the Magistrate empowered to take cognizance of the offence upon a police report and to try the accused; see Section We were satisfied that the first question should be answered in the negative and the second question, in the affirmative; so we held that the detention of the applicants was not unlawful and dismissed their application.
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. There are 1, military records available for the last name Dukhi.
This explanation necessarily refers to the stage when the offence is still under investigation by the police. Ready to discover your family story? A remand under Section can be ordered only by the Court having jurisdiction for the offence and not by any Magistrate like a remand under Section 2.
The second stage consists of 15 days, the Magistrate to whom the police have forwarded the accused can authorise his detention in such custody as he thinks fit for a term not exceeding 15 days in the whole; see Section 2. Their contention is that under SectionCriminal P. So acting under Section is the only alternative to acting under Section The investigation is to be done by the police only; only they can unearth or collect evidence.
Questions about example sentences with, and the definition and usage of “Dukhi”
Natabar Parida Bisnu Charan 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 View Census dukhk for Dukhi.
Occupation can tell you about your ancestor’s social and economic status. Use census records and voter lists to see where families with the Dukhi surname lived. There is only one provision dealing with further investigation after it has been once completed; it is that contained in Section 2. I have already pointed out the difference between the provisions of the two sections. Though it 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 have already explained how the communication that the police would send to the Magistrate while forwarding the accused under Section cannot be the report contemplated by Section b. An inquiry or trial can sic mmence only after the Magistrate has taken cogni- sic nce of the offence; therefore, the question whe- sic fer the commencement of an inquiry dukgi trial should sic postponed or not would dukbi arise dukbi cognizance of the offence has been taken. Naturally the police will send a communication to the Magistrate while forwarding the accused explaining the circumstances in which they cannot complete the investigation within 15 days and stating what evidence has so far been collected to prove that the accused has committed the offence or to cause a reasonable suspicion of his having committed it.