Law: Criminal Procedure Code (V of 1898)

Section: 190(1),(3), 344(1)

Law: Punjab Police Rules, 1934

Section: 25, 26

(a) Interpretation of statutes Words used in statutes-To be construed literally-Ordinary mean ing of a word, however, according to golden rule of interpretation, need not be adhered to if construction based thereon calculated to be at variance with intention of Legislature as collected from statute itself or if such construction leads to absurdity-Language in such cases, held, may be varied or modified to avoid such absurdity or inconveni ence. Beck v. Smith (1836) 2 M W 191 ref. (b) Criminal Procedure Code (V of 1898) Ss. 190(1), (3) [as standing before their amendment by Law Reforms Ordinance, 1972] & S. 344(1)-Word "inquiry" as used in sections Interpretation of statutes-Proper mode of interpretation or discovering true intention of Legislature : To consider state of law before statute or its provision given its present form, mischief or difficulty sought to be suppressed, and remedy intended to be advanced-Keeping earlier state of law in mind while interpreting provisions of S. 344(1), Criminal Procedure Code, 1898 wording of related provisions of S. 190(3) & 190(1), Criminal Procedure Code, 1898 as they stood before their amendment by Law Reforms Ordinance, 1972 provide strong indication of change intended to be brought about by amendment of S. 190(3) & (1) and effect thereof on true meaning of word "inquiry" in S. 344(1), Criminal Procedure Code, 1898.-[Words and phrases Interpretation of statutes]. Abdul Majid Khan v. Chief Settlement and Rehabilitation Commissioner P L D 1968 S C 154 ; Divisional Superintendent, P. W. R. v. Bashir Ahmad P L D 1973 S C 589 and Rabnawaz v, Jahana P L D 1974 S C 210 and Maxwell on Interpretation of Statutes, 12th Edn., p. 40 ref. (c) Criminal Procedure Code (V of 1898) Ss. 190 (1) (3) & 344 (1)-Word "inquiry" as used in section Remand (judicial)--- Magistrate's power to order, in cases exclusively tribal by Sessions Court-Inquiry for purpose of commitment of cases to Sessions Court having been dispensed with, difficulty felt to visualize as to how a Magistrate could postpone, commence, -or adjourn an inquiry-Held : Such difficulty results from overlooking fact that even…