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Documents citing State Of West Bengal vs S. N. Basak on 12 April, 1962

Niraj Garg vs State Of Rajasthan And Ors. on 28 July, 1988

In this context, it may be mentioned that in State of West Bengal v. S.N. Basak (supra), the High Court had quashed the Police investigation in respect of offences under Section 420 IPC and Section 120B read with Section 420 IPC in the view that the statutory power of investigation given to the Police under Chapter XIV of the Code of Criminal Procedure, 1898 was not available in respect of an offence triable under the West Bengal Criminal Law (Amendment) (Special Courts) Act, 1949 and that the investigation concerned was without jurisdiction. The Supreme Court set aside the said decision of the High Court on the view that the High Court was in error in interfering with the Police investigation in exercise of its inherent powers under Section 567A of the Code of Criminal Procedure, 1898. In our view, therefore, the aforesaid contention raised by Shri Agarwal for quashing the FIR at this stage can not be accepted.
Rajasthan High Court - Jaipur Cites 31 - Cited by 2 - S C Agrawal - Full Document

Ram Lal Yadav And Ors. vs State Of U.P. And Ors. on 1 February, 1989

Here also, no police challan or charge-sheet against the accused had been laid in court, when the petitions under Section 561-A were filed. The impugned proceedings were those which were being conducted in the course of police investigation. Prima facie, therefore, the rule in Basak's case would be attracted In the case of Kurukshetra University v. State of Haryana it was held :
Allahabad High Court Cites 30 - Cited by 43 - Full Document

Sheela Ramesh Kini And Anr. vs Union Of India (Uoi) And Ors. on 20 September, 1996

"21. The next aspect to be considered is whether it is open to the Court to interfere with the investigation which is still proceeding. It has been conceded before us and rightly in our view, that investigation is a matter for the police under the scheme of the Code. Judicial opinion seems to be settled and we have several authorities of this Court where interference by the Court into police investigation has not been approved. This question arose before a Division Bench of three Judges in an appeal carried by the same State of West Bengal in the case of State of West Bengal v. S.N. Basak, .
Bombay High Court Cites 13 - Cited by 0 - R M Khandeparkar - Full Document

Ganga Ram Hospital vs State on 22 June, 2020

"15. There is another aspect of the matter which deserves notice. The FIR in the case was lodged on 15-1-2005 and the petition under Section 482 Cr PC was filed within 12 days on 27-1-2005 when the investigation had just commenced. The petition was allowed by the High Court on 23-2-2005 when the investigation was still under progress. No report as contemplated by Section 173 Cr PC had been submitted by the in-charge of the police station concerned to the Magistrate empowered to take cognizance of the offence. Section 482 Cr PC saves inherent powers of the High Court and such a power can be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice. This power can be exercised to quash the criminal proceedings pending in any court but the power cannot be exercised to interfere with the statutory power of the police to conduct investigation in a cognizable offence. This question has been examined in detail in Union of India v. Prakash P. Hinduja, (2003) 6 SCC 195], where after referring to King Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18, H.N. Rishbud v. State of Delhi, AIR 1955 SC 196, State of W.B. v. S.N. Basak, AIR 1963 SC 447, Abhinandan Jha v. Dinesh Mishra, AIR 1968 SC 117 and State of Bihar v. J.A.C. Saldanha, (1980) 1 SCC 554, it was observed as under in para 20 of the Report (SCC):
Delhi High Court Cites 51 - Cited by 1 - C H Shankar - Full Document

Suresh Prasad Khare vs The State Of Madhya Pradesh on 19 March, 2020

13. This Court in State of W.B. v. S.N. Basak [AIR 1963 SC 447 : (1963) 2 SCR 52] dealt with a similar contention wherein the High Court had held that the statutory powers of investigation given to the police under Chapter XIV were not available in respect of an offence triable under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 and hence the investigation was without jurisdiction. Reversing the said finding, it was held thus:
Madhya Pradesh High Court Cites 22 - Cited by 2 - R K Srivastava - Full Document

Jitendra Mohan Singh vs State Of U.P.Thru.Prin.Secy.Home & ... on 16 June, 2020

The next aspect to be considered is whether it is open to the Court to interfere with the investigation which is still proceeding. It has been conceded before us and rightly in our view, that investigation is a matter for the police under the scheme of the Code. Judicial opinion seems to be settled and we have several authorities of this Court where interference by the Court into police investigation has not been approved. This question arose before a Division Bench of three judges in an appeal carried by the same State of West Bengal in the case of State of West Bengal Vs. S.N. Basak,[1963] 2 S.C.R. 52 Kapoor, J. quoted with approval the observations of the Judicial Committee in the case of king Emperor v. Khwaja Nazir Ahmad, [1944] L.R. 71, where the Privy Council observed:
Allahabad High Court Cites 27 - Cited by 1 - Full Document

Atul Gupta & Anr. vs Union Of India Through Ministry Of ... on 18 June, 2020

The next aspect to be considered is whether it is open to the Court to interfere with the investigation which is still proceeding. It has been conceded before us and rightly in our view, that investigation is a matter for the police under the scheme of the Code. Judicial opinion seems to be settled and we have several authorities of this Court where interference by the Court into police investigation has not been approved. This question arose before a Division Bench of three judges in an appeal carried by the same State of West Bengal in the case of State of West Bengal Vs. S.N. Basak,[1963] 2 S.C.R. 52 Kapoor, J. quoted with approval the observations of the Judicial Committee in the case of king Emperor v. Khwaja Nazir Ahmad, [1944] L.R. 71, where the Privy Council observed:
Allahabad High Court Cites 37 - Cited by 0 - Full Document
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