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

Emperor vs Khwaja Nazir Ahmed on 17 October, 1944

and therefore quashed the police investigation of the case holding it to be without jurisdiction. It is against this judgment and order that the state has come in appeal to this Court on a certificate granted by the High Court under Art. 134 (1) (c) At the time the respondent filed the petition in the High Court only a written report was made to the police by the Sub-Inspector of police Enforcement Branch and on the basis of that report a :First Information Report was recorded by the 55 Officer-in-charge of the Police Station and investigation had started. There was no case pending at the time excepting that the respondent had appeared before the Court, had surrendered and had' been admitted to bail. The powers of investigation into cognizable offences are contained in Chapter XIV of the Code of Criminal Procedure. Section 154 which is in that Chapter deals with information in cognizable offences and s. 156 with investigation into such offences and under these sections the police has the statutory right to investigate into the circumstances of any alleged cognizable offence without authority from a Magi- strate and this statutory power of the police to investigate cannot be interfered with by the exercise of power under s. 439 or under the inherent power of the court under s. 561A of Criminal Procedure Code. As to the powers of the Judiciary in regard to statutory right of the police to investigate, the Privy Council in King Emperor v. Khwaja Nazir Ahmad (1) observed as follows:-
Bombay High Court Cites 15 - Cited by 628 - Full Document
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