ASSIGNMENT - 1

Vishakha Arvind Dhake

SY.BBA.LLB 6TH sem

Roll no – 17

Case law 1

Mr. X, an American Citizen, visited India (Mumbai) ………………………………………………………………………

……………………………………….When you visit with her to the police station, the Police deny about any
such a call and arrest.  

QUESTION 1 –

  What remedies as per Indian Legal system do you have? Explain in detail.

= according to Indian legal system there is one legal remedy is applied here . According to Indian

Constitution article 32 habeas corpus remedy is applied here.

Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the
Indian citizens. It allows all the Indian citizens to move to the country's Apex Court in case of violation of
Fundamental Rights. 

32. Remedies for enforcement of rights conferred by this Part

(1)  The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, may be appropriate, for the
enforcement of any of the rights conferred by this Part.

3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament
may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this Article shall not be suspended except as otherwise provided for by this
Constitution.

Under Article 32 of the Indian Constitution, Apex Court has the power to issue directions, orders or writs
for the enforcement of the Fundamental Rights while under Article 226 of the Indian Constitution, the
High Courts have the power to issue directions, orders or writs for the enforcement of the Constitutional
Rights. An Indian citizen can seek justice through five prerogative writs as provided by the Indian
Constitution under Article 32 and Article 226. These are as follows: 

1- Habeas Corpus
2- Certiorari
3- Mandamus
4- Quo-Warranto
5- Prohibition

Habeas Corpus:

1- Literal meaning: 'to have the body of'.  

2- This writ protects an individual from unlawful detention. 

3- Under this writ, an order is issued by the court to a public official to produce the detained person
before the court. 

4- The court then examines the grounds on which the individual has been detained. 

5- If the detention has no legal justification, the detained person is set free. 

6- It is to be noted that the writ cannot be issued in the cases where (a) the detention is lawful (b) the
proceeding is for contempt of a legislature or a court (c) an individual is detained by a competent court,
and (d) the detention falls outside the jurisdiction of a particular High Court. 

7- This writ is ineffective if the detainee is produced before the judicial magistrate. 

8- An individual can seek compensation from the state against the arbitrary detention.  

9- The petition under this writ can be filed by the detainee, prisoner or by any person on behalf of the
detainee/prisoner. 

10- The writ of Habeas Corpus cannot be suspended even during the emergency under Article 359. 
QUESTION 2 –

Which court would you approach? Why?

= according to the 1st answer I applied hebous corpous so I applied article 32 of indian constitution is
Remedies for enforcement of rights conferred and article 226 of indian constitution is Power of High
Courts to issue certain writs so both articles I applied on the 1st ans that’s why according to article 32 I
would approach supreme court and article I would approach high court.

Article 32 provides the right to Constitutional remedies which means that a person has right to move to
Supreme Court (and high courts also) for getting his fundamental rights protected. While Supreme Court
has power to issue writs under article 32, High Courts have been given same powers under article 226.
Further, the power to issue writs can also be extended to any other courts (including local courts) by
Parliament via making a law for local limits of jurisdiction of such courts. Kindly note that Court Martial
i.e. the tribunals established under the military law have been exempted from the writ jurisdiction of the
Supreme Court and the high courts via article 33.

While Supreme Court has power to issue writs via article 32, High Courts have this power via article 226.

While Supreme Court has power to issue writs for enforcement of ONLY Fundamental rights, High
Courts can issue writs for enforcement of fundamental rights as well as any other matter also. Thus, High
Court has a wider jurisdiction from Supreme Court in matter of issuing writs.

Supreme Court can issue a writ against any person or authority within the territory of India while high
court can issue such writ under its own territorial jurisdiction. Thus, High court’s writ jurisdiction is
narrower in terms of territorial extent.

Supreme Court cannot refuse to exercise its writ jurisdiction mainly because article 32 itself is a
fundamental right and supreme court is guarantor or defender of fundamental rights. However, for high
courts, exercising the power to issue writs is discretionary.

Constitutional Rights are those rights which have been conferred to all the citizens of India and are
enshrined in the Indian Constitution but are not listed under Part III of the Indian Constitution. 

A Constitutional Right is a supreme right guaranteed by the Indian Constitution and if any contradicts
with it, the law will be declared null and void. 

Constitutional Rights are not basic rights and do not apply to all the Indian Citizens, unlike Fundamental
Rights. For Example, Right to Vote. An Indian citizen must attain the age of 18 years to vote. 

Article 226 of indian constitution-

under Part V of the Constitution of India, Article 226 confers power to the High Courts to issue orders,
directions, and writs in the nature of Habeas corpus, Mandamus, Certiorari, Prohibition, and Quo
Warranto. 

As per Article 226(1), every High Court within the territory of India has the power to issue orders,
directions, and writs to any individual or authority including the Government for the enforcement of
fundamental rights as well as other legal rights under its own local jurisdiction. 

Article 226(2) confers the power to the High Courts to issue orders, directions, and writs outside their
own local jurisdiction in the cases where the cause of actions lies wholly or in part within their local
jurisdiction. 

Article 226(3) states that when an interim order has been passed under Article 226 by way of injunction
or stay against the respondent without:

i) Providing the copy of the petition and evidential document to the respondent;

ii) giving an opportunity of being heard.

then, if the respondent moves to the High Court to cancel the interim order and provides a copy of such
petition to the petitioner, then, the High Court shall decide the application within a period of two weeks of
receiving such application or within the period of two weeks from the date on which the other party
received such application, whichever is later.

As per Article 226(4), the power conferred to the High Courts under Article 226 is not in derogation to
the powers conferred to the Supreme Court under Article 32(2).
QUESTION 3-

What rights of the arrestee have been infringed by the police, considering the allegation, under
Code of Criminal Procedure? What was the procedure of arrest to be followed by the police in such
a situation?
 = right to know the grounds of arrest:

 Section 50(1) CrPC provides, “every police officer or other person arresting any person without a warrant
shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds
for such arrest.” Apart from the provisions of CrPC, Article 22(1) of Constitution of India provides, “No
person who is arrested shall be detained in custody without being informed, as soon as may be, of the
grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of
his choice.”

 person arrested to be informed of the right to bail – 

Section 50(2) of CrPC provides that any person arrested without warrant shall be immediately informed of
the grounds of his arrest, and if the arrest is made in a bailable case, the person shall be informed of his right
to be released on bails. Section 50 is mandatory and carries out the mandate of Article 22(1) of the
Constitution of India.

 medical examination of arrested person – 

Section 54 of CrPC provides for compulsory medical examination by a medical officer in service of central
or state government, or by registered medical practitioner, upon non-availability of such medical officer.
Female arrestees can only be examined by female medical officer or registered medical practitioner.

However, Section 53 & 53A of CrPC provide if there are reasonable grounds for believing that an
examination of arrestee, on a charge of committing rape or other offence, will afford evidence so as to the
commission of such offence, it shall be lawful to medically examine blood, blood stains, semen, hair samples,
finger nail clippings by use of modern & scientific techniques including DNA and such other tests, which the
medical officer thinks necessary in a particular case, acting at the request of a police officer.

 person arrested not to be detained more than 24 hours – 

The constitutional and legal requirements to produce an arrested person before a Judicial Magistrate within
24 hours of the arrest must be scrupulously observed . Section 57 is concerned solely with the question of the
period of detention. The intention is that the accused should be brought before a magistrate competent to try
or commit, with the least delay. The right to be taken out of police custody by being brought before a
Magistrate is vital in order to prevent arrest and detention, with a view to extract confession or as a means of
compelling people to give information.

 right to free legal aid

 while after the arrest, a person shall have the right to consult and to be defended by a counsel of his choice;
arrestee shall be entitled to free legal aid. Apart from ensuring a fair prosecution, a society under the Rule of
law has also a duty to arrange for the defense of the accused, if he is too poor to do so. Free legal aid to
persons of limited means is a service which the modern State, in particular a welfare state, owes to its citizens

Person arrested to be taken before Magistrate or officer in chargeof police station 56 SEC

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the
provisions herein contained as to bail, take or send the person arrested before a Magistrate having
jurisdiction in the case, or before the officer in charge of a police station.

 Person arrested to be brought before court without delay sec 303

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section
71 as to security) without unnecessary delay bring the person arrested before the court before which he is
required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary
for the journey from the place of arrest to the Magistrate’s court.
QUESTION 4

 If and when he is brought before the court, how would you proceed with case? Provide any citation
if you find for your answer.
= the citation of the case is write petition under hebous corpous
32. Remedies for enforcement of rights conferred by this Part
(1)  The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed.
(2) The Supreme Court shall have the power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament
may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this Article shall not be suspended except as otherwise provided for by this
Constitution.

 Article 32 makes the Apex Court both the guarantor and defender of Fundamental Rights. 
2- It entitles the Indian citizens to move to the Supreme Court for the remedy against the breach of
Fundamental Rights. 

We cant find Any lawyer of under article 32 of indian constitution

Under Article 32 of the Indian Constitution, Apex Court has the power to issue directions, orders or writs
for the enforcement of the Fundamental Rights while under Article 226 of the Indian Constitution, the
High Courts have the power to issue directions, orders or writs for the enforcement of the Constitutional
Rights. An Indian citizen can seek justice through five prerogative writs as provided by the Indian
Constitution under Article 32 and Article 226. These are as follows: 

1- Habeas Corpus
2- Certiorari
3- Mandamus
4- Quo-Warranto
5- Prohibition

303. Right of person against whom proceedings are instituted

to be defended
The section confers a right on the accused person to be defended by a counsel of his choice, and if he
does not have sufficient means to engage a lawyer, Section 304 requires the Court under certain
circumstances to arrange lawyer for his defence at the expense of the State. A new Article 39-A inserted
in the Constitution as one of the Directive Principles of State policy recognizes in unequivocal terms that
it is the duty of the State to provide free legal aid to the indigent accused in order to ensure that equal
opportunities for securing justice are not denied to any citizen by reason of economic disabilities.

ASSIGNMENT 2
Mr. Y was working as an informer of Special unit of police, Mumbai and he was also
……………………………………………………………… FIR and to appoint special investigation team to investigate
the case. 

QUESTION 1 –

Under what section the FIR is filed? 

An FIR is a written document which is filed by the police. Under Section 154 of the Criminal Procedure
Code, 1973 the law gives a choice to a person to give information orally or in writing.

First Information Report (FIR) is a written document prepared by the police when they receive
information about the commission of a cognizable offence. It is a report of information that reaches the
police first in point of time and that is why it is called the First Information Report. It is generally a
complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.
Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a
telephonic message can be treated as an FIR.

An FIR is a very important document as it sets the process of criminal justice in motion. It is only after
the FIR is registered in the police station that the police takes up investigation of the case.

Who can lodge an FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary
that only the victim of the crime should file an FIR. A police officer who comes to know about a
cognizable offence can file an FIR himself/herself

You can file an FIR if:

* You are the person against whom the offence has been committed;

* You know yourself about an offence which has been committed;

* You have seen the offence being committed.

What is the procedure of filing an FIR?

*The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973.
* When information about the commission of a cognizable offence is given orally, the police must write it
down.

* It is your right as a person giving information or making a complaint to demand that the information
recorded by the police is read over to you.

* Once the information has been recorded by the police, it must be signed by the person giving the
information.

*You should sign the report only after verifying that the information recorded by the police is as per the
details given by you.

* People who cannot read or write must put their left thumb impression on the document after being
satisfied that it is a correct record.

* Always ask for a copy of the FIR, if the police do not give it to you. It is your right to get it free of cost.

What should you mention in the FIR?

*Your name and address;

* Date, time and location of the incident you are reporting;

* The true facts of the incident as they occurred;

* Names and descriptions of the persons involved in the incident;

QUESTION 2 –

Whether the police require the order from the competent jurisdiction to initiate the investigation?
If yes, then under what chapter of the code?

= YES, police require the order from the competent jurisdiction to initiate the investigation. This is comes
under chapter 13 of code of criminal procedure and 13 chapter is talking about jurisdiction of the criminal
courts in inquiries and trials.

Section 156 of crpc Police officer’s power to investigate cognizable cases

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a court having jurisdiction over the local area within the limits of such station
would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one, which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

Cognizance of offences by Magistrate

In Section 190, Any Magistrate of the first class and the second class may take cognizance of any
offence-

Upon receiving a complaint of facts related to offences.

Upon police reports of facts.

Upon information received from a person (other than a police officer), or upon his own knowledge.

In Section 190(2), it is given that Second class magistrate can be empowered by Chief Judicial Magistrate
to take cognizance under Section 190(1).
QUESTION 3-

Under what section can court can direct for investigation?

= under sec 156 (3) and section 139 court can direct for investigation

So section 156 is talk about Police officer’s power to investigate cognizable cases

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a court having jurisdiction over the local area within the limits of such station
would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one, which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

And section 139 of crpc talks about Power of Magistrate to direct local investigation and examination of
an expert

The Magistrate may, for the purposes of an inquiry under section 137 or section 138—

(a) direct a local investigation to be made by such person as he thinks fit

(b) summon and examine an expert.

Sec 140 talks about Power of Magistrate to furnish written instructions etc

(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate
may—

(a) furnish such person with such written instructions as may seem necessary for his guidance;

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be
paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct
by whom the costs of such summoning and examination shall be paid.
Question 4

How and under what section is the investigation report is filed before the magistrate?

= under section 173 of crpc the investigation report filed before the magistrate.
 On the completion of Investigation, the police are required to follow certain procedures as laid
down in Section 169 of CrPC till Section 173 of CrPC. Submission of the police report within a
kind of “charge-sheet” or “challan” is the end-result of such investigation by police. Section 169
accords with the cases of lack of evidence. Section 170 with the cases where the accused is
shipped up for the trial and Section 173 provides for general instructions for both the section 169
and 170. The expression “final Report” is not used in the CrPC, but the report submitted by the
police officer is called the “final report”. 
 The investigation consists of several stages which ultimately ends in the creation of an opinion by
the police, on the material or evidence covered and collected. Then a case is formed to place the
accused for trial before the Magistrate and submission of a final report under  Section 169 or a
charge-sheet under Section 170, is dependent on the nature of the opinion which is formed by the
police. The creation of the said opinion by the police is the final step in the investigation and this
final step is to be taken by the police and by no other authority.
 Section 2(r) of CrPC talks about the expression ‘police report’, according to which a report is
forwarded by a police officer to a Magistrate under Section 173(2). The report should be in the
manner that is prescribed by the State Government as per the particulars mentioned in clause (a)
to (g) of sub-section(2) of Section 173.
 The police report submitted under this section is called the End Report. If this report constitutes
an attempt of a crime by an accused person, that report is commonly called the “charge-sheet” or
the “challan”. 
 According to the Section 170 of CrPC, the police officer should forward the report related to the
case to the Magistrate all the documents or relevant extracts of the same (other than  the extracts
during an investigation already sent to the Magistrate) and also the statements recorded under
Section 161 of persons, on whom the prosecution rely as per Section 173(5).
 No extensive test of such documents may be suggested. It includes reports of a post-mortem
examination, or chemical examiner, handwriting or fingerprint expert, etc. The accused can
 demand from the prosecutor copies of the statements recorded by police during the investigation
and use it for his defence.
 When the report is in relation of a case to which Section 170 applies i.e, a case in respect of
which there is sufficient evidence for sending the accused person to a magistrate, the police
officer shall forward the report to the Magistrate along with the accused: 

 Police officers need to submit all the important and new documents contained after the
investigation on which the prosecution claims to depend on other than old documents already
sent to the magistrate at the time of the initial investigation.
 The statements which were recorded following Section 161 of all the persons whom the
prosecution suggested to examine as its witnesses as per Section 173(5).

 According to the Section 173(6) of Section 173 of CrPc tell us if the police officer thinks that
any part of the statements made by the witnesses put forward by the prosecution is not pertinent
to the subject-matter of the proceedings of the case or that its confession to the accused is not
essential in the favour of justice and is inadvisable in the public interest. In such a scenario, the
police officer shall indicate the part of the statement and add a note requesting the Magistrate to
leave that part from the copies to be provided to the accused and mentioning his reasons for
making such request. 
 But if the police officer finds it convenient while investigating the case to do so rather than
behaving as per Section 173(7), he may provide the copies of all or any documents to the
accused referred to in the Sub-section (5).
 Section 173 says nothing as far as the investigation is concerned in respect to the offence that
took place, the police officer needs to submit all the extra evidence obtained after the submission
of the report if they manage to obtain any irrespective of the old evidence that already exists
should be passed on to the Magistrate. 
QUESTION 5

What is magistrate’s power to take cognizance of the offence? Under what section of the code?

= under sec 190 of crpc is deals with Cognizance of offences by Magistrates.

In Section 190, Any Magistrate of the first class and the second class may take cognizance of any
offence-

1. Upon receiving a complaint of facts related to offences.

2. Upon police reports of facts.
3. Upon information received from a person (other than a police officer), or upon his own
knowledge.

In Section 190(2), it is given that Second class magistrate can be empowered by Chief Judicial
Magistrate to take cognizance under Section 190(1).

 Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance of

offences’ means taking notice, or becoming aware of the alleged commission of an offence. The
dictionary meaning of the word ‘cognizance’ is ‘judicial hearing of a matter’.
 The judicial officer will have to take cognizance of the offence before he could proceed with the
conduct of the trial. Taking cognizance does not involve any kind of formal action but occurs as
soon as a magistrate as such applies his mind to the suspected commission of an offence for the
purpose of legal proceedings. So, taking cognizance is also said to be the application of judicial
mind.
 It includes the intention of starting a judicial proceeding with respect to an offence or taking steps
to see whether there is a basis for starting the judicial proceeding. It is trite that before taking
cognizance that court should satisfy that ingredients of the offence charged are there or not. A
court can take cognizance only once after that it becomes ‘functus officio’.
 If a magistrate involves his mind not for reason of proceeding as mentioned above, but for taking
action of some other kind, example ordering investigation under Section 156(3) or issuing the
search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of
offence.
 The term ‘Cognizance of offence’ has not been defined in the Criminal Procedure
Code. Section 190, 191, 192, 193, 194, 195, 196, 197, 198, and 199 deals with methods
 by which and the limitations subject to which various criminal courts are established to take
cognizance of offences.
 the meaning of the term is well defined by the Courts. Taking cognizance is the first and foremost
steps towards the trail. The judicial officer will have to take cognizance of the offence before he
could proceed to conduct or trail.

QUESTION 6

What does an investigation officer have to do when the investigation is completed?

= under section 173 of crpc the investigation report filed before the magistrate.
 On the completion of Investigation, the police are required to follow certain procedures as laid
down in Section 169 of CrPC till Section 173 of CrPC. Submission of the police report
within a kind of “charge-sheet” or “challan” is the end-result of such investigation by
police. Section 169 accords with the cases of lack of evidence. Section 170 with the cases
where the accused is shipped up for the trial and Section 173 provides for general instructions for
both the section 169 and 170. The expression “final Report” is not used in the CrPC, but the
report submitted by the police officer is called the “final report”. 
 The investigation consists of several stages which ultimately ends in the creation of an opinion by
the police, on the material or evidence covered and collected. Then a case is formed to place the
accused for trial before the Magistrate and submission of a final report under  Section 169 or a
charge-sheet under Section 170, is dependent on the nature of the opinion which is formed by the
police.
 The creation of the said opinion by the police is the final step in the investigation and this final
step is to be taken by the police and by no other authority.
 Section 2(r) of CrPC talks about the expression ‘police report’, according to which a
report is forwarded by a police officer to a Magistrate under Section 173(2). The report
should be in the manner that is prescribed by the State Government as per the particulars
mentioned in clause (a) to (g) of sub-section (2) of Section 173.
 The police report submitted under this section is called the End Report. If this report constitutes
an attempt of a crime by an accused person, that report is commonly called the “charge-sheet” or
the “challan”. 
 According to the Section 170 of CrPC, the police officer should forward the report related to the
case to the Magistrate all the documents or relevant extracts of the same (other than  the extracts
during an investigation already sent to the Magistrate) and also the statements recorded under
Section 161 of persons, on whom the prosecution rely as per Section 173(5).
 No extensive test of such documents may be suggested. It includes reports of a post-mortem
examination, or chemical examiner, handwriting or fingerprint expert, etc. The accused can
demand from the prosecutor copies of the statements recorded by police during the investigation
and use it for his defence.
 When the report is in relation of a case to which Section 170 applies i.e, a case in respect of
which there is sufficient evidence for sending the accused person to a magistrate, the police
officer shall forward the report to the Magistrate along with the accused: 
  Police officers need to submit all the important and new documents contained after the
investigation on which the prosecution claims to depend on other than old documents already
sent to the magistrate at the time of the initial investigation.
 The statements which were recorded following Section 161 of all the persons whom the
prosecution suggested to examine as its witnesses as per Section 173(5).
 According to the Section 173(6) of Section 173 of CrPc tell us if the police officer thinks
that any part of the statements made by the wit nesses put forward by the prosecution is not
pertinent to the subject-matter of the proceedings of the case or that its confession to the accused
is not essential in the favour of justice and is inadvisable in the public interest. In such a scenario,
the police officer shall indicate the part of the statement and add a note requesting the Magistrate
to leave that part from the copies to be provided to the accused and mentioning his reasons for
making such request. 
 But if the police officer finds it convenient while investigating the case to do so rather than
behaving as per Section 173(7), he may provide the copies of all or any documents to the
accused referred to in the Sub-section (5).
 Section 173 says nothing as far as the investigation is concerned in respect to the offence that
took place, the police officer needs to submit all the extra evidence obtained after the
submission of the report if they manage to obtain any irrespective of the old evidence that
already exists should be passed on to the Magistrate. 

QUESTION 7

If the investigation done by the investigation officer is not appropriate then what power does the
Magistrate have?
= Section 156. Police officer’s power to investigate cognizable cases

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a court having jurisdiction over the local area within the limits of such station
would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

Sec 190 of crpc Cognizance of offences by Magistrate

 Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the
second class specially empowered in this behalf under sub-section (2), may take cognizance of any
offence-

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge,
that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance
under sub-section (1) of such offences as are within his competence to inquire into or try.

Section 191 of CRPC "Transfer on application of the accused

When a Magistrate takes cognizance of an offence under clause (c) of sub-section

(1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have
the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be
more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be
transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

Section 168 of CRPC "Report of investigation by subordinate police officer

When any subordinate police officer has made any investigation under this Chapter, he shall report the
result of such investigation to the officer in charge of the police station

Section 169 of CRPC "Release of accused when evidence deficient

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that
there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused
to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with
or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate
empowered to take cognizance of the offence on a police report, and to try the accused or commit him for
trial.
Section 170 of CRPC "Cases to be sent to Magistrate when evidence is sufficient"

(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that
there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused
under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to
try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give
security, shall take security from him for his appearance before such Magistrate on a day fixed and for his
attendance from day to day before such Magistrate until otherwise directed.

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes
security for his appearance before such Magistrate under this section, he shall send to such Magistrate any
weapon or other article which it may be necessary to produce before him, and shall require the
complainant (if any) and so many of the persons who appear to such officer to be acquainted with the
facts and circumstances of the case as he may think necessary, to execute a bond to appear before the
Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the
chargeagainsttheaccused.

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to
include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable
notice of such reference is given to such complainant or persons.

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons
who executed it, and shall then send to the Magistrate the original with his report.