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Bengal Presidency - Section

Section 289 in Police Regulations, Bengal , 1943

289. Proceedings under section 110, Criminal Procedure Code. [§ 12, Act V, 1861].

- A Sub-Inspector having formed an opinion that there exists in any village a habitual thief or a gang of them shall proceed to open a history sheet for them as laid down in regulation 401 and shall quietly, without making his object known, make enquiries to ascertain whether in fact the man or men are habitual thieves and whether evidence will be forthcoming against them. If he believes that evidence will be forthcoming he shall report confidentially to the Inspector and the latter, after taking orders of the Superintendent or Sub-divisional Police Officer, will find out from the Sub-divisional Magistrate or other Magistrate who is to take up the case, when he will be able to visit the place to make the enquiry. A fortnight or so before the date fixed by the Magistrate for going to the spot, the Sub-Inspector, accompanied by the Inspector, if possible, shall go there, examine witnesses, fill up the prescribed form, and if evidence is sufficient, arrest under section 55, Code of Criminal Procedure, the person proceeded against. If he finds that evidence is not forthcoming (but this should not often occur if he has made his preliminary enquiries carefully) the proceedings will be dropped. The persons arrested shall be sent to the Magistrate, who should be moved by the Court officer to draw up proceeding, to read them over to the accused, and to pass an order as to bail and fix an early date for the hearing of the case. On the date fixed he will go to the spot and should usually be able to finish the case on the same day.