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Bengal Presidency - Section

Section 67 in Police Regulations, Bengal , 1943

67. Applications for revision and appeals.

(a)If the Superintendent is of opinion that in any case a Magistrate has awarded a strikingly inadequate punishment or has improperly discharged an accused person, he shall direct the Court Inspector to prefer a motion before the District Magistrate or, if the Magistrate was a first class Magistrate, shall request the District Magistrate to instruct the Public Prosecutor to move the Sessions Judge for a direction for a further enquiry or for commitment of such person to the Sessions Court or for a reference to the High Court for enhancement of sentence, as the case may be.
(b)If the Superintendent, after taking the advice of the Public Prosecutor, considers that it would be desirable to apply for the enhancement of any sentence or that an appeal against an acquittal is necessary in the interests of justice and would be successful, he shall send to the District Magistrate a full note on the case to enable him to decide whether he shall address the Provincial Government or not.
(c)Action under clauses (a) and (b) should be taken promptly. The report mentioned in clause (b) must reach the District Magistrate within fourteen days of the order or sentence in respect of which action is desired, and the Superintendent should therefore arrange for the immediate communication of such order or sentence to him.
(d)A further enquiry cannot be ordered in the case of a person who has been discharged after proceedings have been taken against him under section 110 of the Code of Criminal Procedure.
VI-Case Diaries.