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Bengal Presidency - Section

Section 21 in Police Regulations, Bengal , 1943

21. Relations between subordinate Magistrate and the police.

(a)Except as provided in the Code of Criminal Procedure or any other Act, or in any rules made or approved by the Provincial Government, for the time being in force, subordinate Magistrates have no power to interfere in police work. But Magistrates having jurisdiction and empowered to take cognizance of police.cases are reminded of their responsibility for watching the course of police investigations in the manner laid down in Chapter XIV of the Code of Criminal Procedure.
(b)The District Magistrate should take care that his subordinate Magistrates do not abuse the power given to them by sections 155 and 202 of the Code of Criminal Procedure of ordering a police investigation in non-cognizable cases. Such orders should be made only in exceptional cases, and when the Magistrate requires information of specific matter of fact, and not, as is often the custom, as a routine preliminary to the granting of a summons. The subordinate police may often not be averse from this abuse of procedure, and it is incumbent on the Superintendent to watch the working of these sections, so far as they affect the police, and to bring to the notice of the District Magistrate any tendency on the part of Magistrates to misuse them.