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State of West Bengal - Section

Section 19 in Police Regulations, Calcutta, 1968

19. Applications for revision and appeal. - (a) If in the opinion of the Deputy Commissioner the punishment inflicted in any case is strikingly inadequate or the discharge or acquittal of any accused person has not been proper, he will immediately call for a copy of the judgment, copies of deposition of witnesses and scan the evidence in the light of the case diary. If the Deputy Commissioner feels that there has been a miscarriage of justice he will place all the records before the Public Prosecutor, Calcutta, or the Public Prosecutor, 24-Parganas, or the Director of Public Prosecutions, West Bengal, for his considered advice regarding the filing of an appeal. If an appeal is recommended, the papers should be immediately sent to the Commissioner through the Deputy Commissioner of Police, Detective Department, for taking up the matter with the Legal Remembrancer. Care should be taken to ensure that preliminary steps are completed with the utmost expediency and in any case within 30 days from the date of judgment, so that there is sufficient time for the Legal Remembrancer to apply his mind to the matter and the appeal does not become time barred.

(b)When any Court passes a stricture on the work of any police officer, the Deputy Commissioner under whom such police officer is posted, should go through the relevant documents, obtain the explanation of the police officer involved and get the comments of the prosecuting officers. The police officer at fault should be suitably dealt with and the faults of the prosecuting officers should be brought to the notice of the Commissioner through the Detective Department.
(c)Action under clauses (a) and (b) should be taken promptly so that action may be taken within the prescribed time-limit.