If at such premature stage power of arrest is exercised by police v. Bikha Moti & Ors.
Case at a glance
Outcome
Dismissed
The appeal is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 41, 156(3), 200, 202, 202(1)
- Indian Penal Code, 1860
- Indian Evidence Act, 1872 s. 27
- Constitution of India art. 21
- Central Excise Act s. 4
Judgment
2.3 Nature of cases dealt with under Section 202 are cases where material available is not clear to proceed further. The Magistrate is in seisin of the matter having taken the cognizance. He has to decide whether there is C ground to proceed further. If at such premature stage power of arrest is exercised by police, it will be contradiction in terms. The police of its own cannot exercise its power of arrest in the course of making its D report in pursuance of direction under Section 202. [Para 25] [310-G-H; 311-A-B] Emperor vs. Bikha Moti, AIR (1938) Sind 113; Asha Das and others vs. The State, AIR (1953) Assam 1 - overruled.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 41, 156(3), 200, 202, 202(1); Indian Penal Code, 1860; Indian Evidence Act, 1872 — s. 27; Constitution of India — art. 21; Central Excise Act — s. 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.