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[Cites 0, Cited by 0] [Section 21] [Entire Act]

Bengal Presidency - Subsection

Section 21(b) in Police Regulations, Bengal , 1943

(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.