Law:

Section:

(i) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 25 & 22-A(6)--Powers and functions--Powers of Justice of Peace--Ex-officio Justice of Peace--Deriving jurisdiction u/S. 25 Cr.P.C., had the power to issue appropriate direction to the police Authorities regarding non-registration of criminal case; transfer of investigation from one police officer to another and neglect, failure or excesses committed by the police authorities in relation to its functions and duties--Powers provided in S. 22-A(6) Cr.P.C. and read in juxtaposition to the contents of S. 25 Cr.P.C., that, the powers resting with an ex-officio Justice of Peace, could not be delegated to a Magistrate by the Justice of Peace himself or by any other authority--Requirement of law was that only the Sessions Judges and Additional Sessions Judges, nominated by them, were to act as ex-officio Justices of the Peace for the Districts in which they were serving--Powers exercised by the Sessions Judge, even as ex-officio Justice of the Peace, while endorsing impugned application "for disposal" to the Judicial Magistrate, were beyond the ambit of relevant provisions of law as same would amount to delegation of his powers to a Judicial Magistrate. [P. 397] A (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 164 & 561-A--Scrutiny of propriety--Admissibility of confessional statement--Scope of jurisdiction--Quashing of proceedings--Impugned enquiry proceedings undertaken by Judicial Magistrate, which were without any legal backing and beyond the scope of jurisdiction as provided in Cr.P.C., warranted striking down by High Court, in exercise of its inherent powers u/S. 561-A Cr.P.C.--To scrutinize the propriety, validity and admissibility of confessional statements would be the prerogative of the Trial Court at the first instance--Petition partially accepted. [P. 398] B (iii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 164--Confessional statement--Power of Magistrate to record statements and confessions--Magistrate of 1st Class or of Second Class, especially empowered in that behalf by the Provincial Government could record any statement or confession during the course of investigation at…

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