Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Report by Police Motion to quash Indian Penal Code 1860 Powers of High court Enforcement Branch Police Investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Police Investigation—Report by Police, Enforcement Branch—Motion to quash—High Court, Powers of—Indian Penal Code, 1860 (Act XLV of 1860), 33.420, 120B--Code of Criminal Procedure, 1898 (Act V of 1898), 88. 154, 156, 439 and 561A,A Sub-Inspector of Police, Enforcement Branch, filed a report before the Police Officer-in-charge of a Police Station alleging that the respondent along with three others committed offences under ss.420, 120B read with s.420 Indian Penal Code. Thereupon a First Information Report was drawn up and investigation was started. The respondent surrendered before the Judicial Magistrate and he was released on bail. Subsequently he filed an application in the High Court under ss. 439 and 561A of the Criminal Procedure Code to get the case pending before the Judicial Magistrate arising out of the case registered in the Police Station quashed. This application was granted by the High Court. The appellant the State of West Bengal then filed an appeal before the Supreme Court by certificate granted by the High Court under Art, 134 (1) (c) of the Constitution. Held, that the statutory powers given to the Police under ss. 154 and 156 of the Code of Criminal Procedure to investigate into the circumstances of an alleged cognizable offence without authority from a Magistrate cannot be interfered with by the exercise of powers under s.439 of the Code of Criminal Procedure or under the inherent powers conferred by s. 561A of the Code of Criminal Procedure. The High Court was therefore in error in allowing the respondent’s application. |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 140 |
Petitioner | State Of West Bengal |
Respondent | S. N. Basak |
SCR | [1963] 2 S.C.R. 52 |
Judgement Date | 1962-04-12 |
Case Number | 30 |
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