254. Cases in which first information not submitted. [§ 12, Act V, 1861].
(a)A register shall be kept in B.P. Form No. 33 in which shall be entered all cases enquired into by the police in which no First Information Report is required, e.g., cases under municipal or railway bye-laws, section 34, Police Act, 1861, cases under sections 107, 109, 110, 144 and 145 of the Code of Criminal Procedure, non-cognizable cases under the Criminal Tribes Act, 1924, cases under sections 176, 182 or 211, Indian Penal Code, the Motor Vehicles Act, 1939, Serais Act, 1867, etc., etc.(b)A separate register in Bengal Form No. 403 (Q), (B.P. Form No. 34) shall be maintained for all occurrences of collision, breakdown and running down in which a motor vehicle is concerned. The form is printed in duplicate in bound books, the upper foil being perforated. As soon as an incident of this nature occurs, an entry shall be made in this form and an enquiry started. When the enquiry is complete, the perforated copy shall be sent through the Circle Inspector to the Superintendent. If, as a result of this enquiry, the Superintendent considers that a cognizable case under the Indian Penal Code has been made out, he will order the usual First Information Report and case diaries to be utilised, but this form will be attached so that it may serve as a brief for the prosecution. If, on the other hand, the Superintendent considers that the enquiry discloses an offence under the Motor Vehicle Act, 1939, or the rules framed thereunder or other minor Acts, then this form together with a report in B.P. Form No. 35 shall be submitted by the investigating officer to the Magistrate. In a case in which no prosecution is considered necessary, the perforated copy of the form shall be returned by the Superintendent to the police-station to be filed with the counterfoil. In a case in which a prosecution is ordered, this form shall be submitted eventually to the Superintendent together with the final memorandum and he shall after perusal pass orders, if necessary, and return it with the police-station copy of the final memorandum.(c)Reports to the Court for trial in such cases, excepting those under sections 107 and 145, Code of Criminal Procedure, which shall be submitted in duplicate in B.P. Form No. 36, shall be submitted in duplicate in B.P. Form No. 35. In cases however, under the Criminal Tribes Act, 1924, and Goondas Act, 1923 (Bengal Act I of 1923), sections 109 and 110, Code of Criminal Procedure, or under section 182 or 211, Indian Penal Code, only one copy of the form shall be used. In all cases where duplicate forms are used one copy showing the result of the case shall be returned by the Court officer direct to the station officer in lieu of a final memorandum. Care shall be taken to see that column 6 of Form No. 33 is filled up in due course. If after a reasonable period the duplicate copy is not returned with the Magistrate's orders, a reminder shall be sent to the Court police office.III. - Investigation.
