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1 - 10 of 36 (0.41 seconds)Sk. Ismail Ali vs State Of W.B. on 22 February, 2001
21. The ratio of the said decision of Sk. Ismail Ali v. State of West Bengal (supra) was in the direction that at the stage of investigation directions for production of accused before the Court cannot be passed as the words 'other proceeding' does not include investigation by the police. Reference was made to the Division Bench decision of the Rajasthan High Court in the said decision before the Court having arrived at its conclusion.
Satish Chandra Sadhukhan And Ors. vs Balaram Banerjee on 15 December, 1967
66. The decision of Satish Chandra Sadhukhan and Ors. v. Balaram Banerjee (supra) has also been considered by us. We are afraid that the said decision does not come to the rescue of Shri Bagchi in any manner.
H. N. Rishbud And Inder Singh vs The State Of Delhi(And Connected ... on 14 December, 1954
71. The Supreme Court decision in H.N. Rishbud v. State of Delhi (supra), referred to by Shri Bagchi, over the question of the actual impact of the scope of investigation has been carefully perused by us. We respectfully bow down to the ratio of the said decision and find that although it is a trite position yet we are afraid that the said decision is not apposite in connection with the issue that is involved in the present case. The question here is not the scope of investigational power of the police vis-a-vis the power of the Court to control the same which has been decided in various decisions of the Apex Court, but, the issue involved relates to as to whether the 'other proceeding' would include investigation. Although at the stage of investigation there is bare involvement of the Court expect acting on prayer for remand, issuing of search warrant and such other miscellaneous powers vested under the Code, the Court is distanced at that stage but, however, from a deep analysis of what we have seen, we are of the considered opinion that the phrase "or other proceeding" would include even the stage of investigation and it would be expedient on the part of a Criminal Court to issue an order of warrant under Section 267(1) of the said Code and we have no reason to find that the word "or other proceeding" excludes the power of the Investigating Agency (read police authority) during the course of investigation to approach the Court for issuing necessary warrant in terms of the aforesaid provision and the words "other proceeding" very well combines the scope of investigation as well.
Section 211 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 2 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 476 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Maharashtra vs Sk. Bannu And Shankar on 12 September, 1980
In this context we feel in more appropriate to take recourse of the decision of State of Maharashtra v. Sk. Banu and Shankar (supra), referred to by the learned Public Prosecutor, where Their Lordships had categorically held that:
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
65. There cannot be any qualms with the said position. But, as we have found that at each stage of the investigation, even if there cannot be any judicial tailoring of the same, yet the results of the investigation and further progress has to be reported before the Competent Court of appropriate jurisdiction for seeking further orders which would encompass investigation within the proceeding pending or is sought to be achieved before the Court. As such the reference made by Shri Bagchi to the before the Court. As such the reference made by Shri Bagchi to the decision of State of Haryana v. Bhajan Lal (supra), in our hunible opinion, does not help him in any manner.