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Bengal Presidency - Section

Section 471 in Police Regulations, Bengal , 1943

471. Service of warrants and other processes.

(a)The service of criminal processes in all districts, with the exception of those mentioned in clause (b) shall be supervised by the collectorate nazir.
(b)Ordinarily warrants of arrest, fine warrants, orders issued under section 88 of the Code of Criminal Procedure and search warrants, shall be executed by the police in both cognizable and non-cognizable cases, and with the exception of fine warrants shall be entered in the register of processes (B.P. Form No. 91).
Warrants issued under section 34 of the Police Act. 1861, under the Motor Vehicles Act, the Hackney-Carriage Act, the Cruelty to Animals Act and the Bengal Highways Act and for offences against Municipal bylaws shall be sent by Courts to the police officers concerned direct and not through the Court (police) officer. The officers serving the warrants shall return them direct to the issuing Court with a report of the action taken.
(c)Processes shall have an annual serial number. A separate register of the unexecuted processes shall be maintained (in B.P. Form No. 91) in red ink and at the end of each calendar year, only the pending processes of that particular year shall be entered in it in January below the entries of the previous year. The entries shall bear a serial number in the following way :
Running serial of the pending register/Serial No. of the Original register/year of issue.When an entry is made in the pending register, the item shall be struck off from the original register after noting the running serial of the pending register against it in red ink. As soon as a process is disposed of, the item shall be struck off from the pending register.
(d)Whenever a summons to appear as a witness in a criminal case is issued against an officer of police, it shall be served upon him through the Superintendent of the district or the police officer-in-charge of the subdivision to which he may belong.
Note. - The High Court has intimated that upon a proper application being made in each case to the Judge exercising the original criminal jurisdiction of the Court the convenience of public officers summoned as witnesses in case before the High Court from the mufassil shall always be duly considered. Whenever a public officer is summoned as a witness before the High Court, the Legal Remembrancer should be informed and asked to see that the witness is not unnecessarily detained.
(e)A summons on a railway servant or a servant of the Crown shall be served through the head of his department.