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Showing contexts for: section 158 of CrPC in Vivek Singh And Others vs Contstable Mohan Singh Tomkiyal And ... on 28 November, 2016Matching Fragments
On the other hand, PAC and IRB is special armed force in the police organization, which works as the supporter to the executive force. These Special Forces do not have any independent work area and responsibility; however, their roles are limit to assist the main executive force as per the requirement. Therefore, working area and responsibility of the civil police is wider and more important compared to the armed police, PAC and IRB.
(2) The post of Sub Inspector in the police Department is the axle of the Police Department. The post of Sub Inspector Civil Police is very important and full of rights. The Sub Inspector Civil Police have extensive rights to conduct the Investigation into the cases under Sections 155 and 156 of the Criminal Procedure Code.
(iv) Sub-Inspectors (Civil Police) are entrusted with investigation works under the Code of Criminal Procedure. It would be the desire of police officers of the PAC and IRB to discharge such powers.
136. Allied with this is the fact that, taking the Armed Police, PAC and IRB, though there is a separate channel for promotion, number of posts available are 194. For promotion, however, it is limited to 97 (apparently, the balance would go to the direct recruitment quota); whereas, a large number of posts of Sub-Inspector are available for the Civil Police (as per the Table, it is 1363). Police Constables from PAC have been vying for selection since the time of the State of U.P.
151. Section 24 of the 1861 Act, which is relied on by Mr. Manoj Tiwari, provides that a police officer may lay information before a Magistrate and apply for summons, warrants, search warrants and other legal process. It is contended that such powers are not available to the members of the PAC. Section 31 of the 1861 Act charges the police of the duty to keep order on the public roads. Section 34, which is relied on by Mr. Manoj Tiwari, provides for punishment for certain offences on roads. We do not see any significance of Section 34, as it does not relate to offences by the police officers, but, on the other hand, relates to certain offences by members of the public on roads. We would think that the proper way to appreciate the 1861 Act is that it is in respect of a officer of the PAC to be read as supplementary and subject to the extent that it may make way for any other law also, for instance, the Code of Criminal Procedure may require an officer of a particular rank alone to discharge certain functions, which are subsequent circumstances. Otherwise, subject to any inconsistency to be found in the PAC Act of 1948, which is a latter Act, the police officers must be endowed with the powers, privileges and subject to liabilities, penalties as provided in the 1861 Act.