LexSTATE OF WEST BENGAL versus S. N. BASAK
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
I
....
AcA.1"' dJAicary
••
St.U of W1sl Beng•l
Kap14r J.
/, 1¥
April 12.
52
SUPREME OOURT REPORTS [1963)
because in its opinion the judgment of the court
delivered by another Bench suffers from an error
in regard tu certain facts.
In our view the certifi-
cate granted by the Calcutta. High Courl; was not
a proper certificate and must oo cancelled.
It was then urged that special leave should be
granted under Art. 136 and the appeal be beard as
the record had been printed a!ld on that material
if leave were to be granted the .-ppeal oould be
properly argued. We have heard counsel for the
appellant and we see no reason to grant special
leave
in this caa11.
The appeal is therefore
dismissed.
Appeal dismisse,d.
STATE OF WEST BENGAL
v.
S. N. BASAK
(J. L. Ku>uR, K. C. DAS GUPTA and
RAGHUBAR DAYAL, JJ.)
Poliu
Inv .. tigation-lleport
by Police,
Enforcement
Bra11ch-Motion lo quash-High Court,
Po1ur• of-Indian
Penal Code 1860 (Act XLV of 1860), aa. 420, 120B--Oode of
Criminal Procedure, 1898 (Act V of 1898), 88, 154, 156, 439
• '
and 56/A,
;.
A Sub-Inspector of Police, Enforcement Branch, filed a
report before the Police Officer.in-charge of a Police Station
alleging that the respondent abng 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 561 A of the Criminal Procedure Code to get the
case pending before the .Judicial Magistrate arising out of the
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2 s.c.R.
SUPREME COURT REPORTS
53
case registered if! the Police Station quashed. This appli-
cation 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 (l} (c) of th'e Constitution.
Held, that the statutory powers given to the Police under
ss. 154 and 156 of the Code of Criminal Procedure to investi-
gate 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
Coµrt was therefore in error in allowing the. respondent's
application.
King Emperor v. Khwaja Nazir Ahmad, ( 1944) L.R. 71
I.A. 203 allowed.
CRIMINAL APPELLATE JURISDICTION: Criminal
Appeal No. 30 of 1961.
Appeal from the judgment and order dated
September 6, 1960 of the OnJcutta High Court in
Cr. Revision No. 647 of 1960.
B. Sen, P. K. Chatterjee and P. K. Bose, for
the appellant.
D. C. Roy and P. K. Mukherjee, for the
respondent.
1962. April 12. The Judgment of the Court was
delivered by
KAPUR, J.-This is an appeal against the
judgment and order of the .High Court of Calcutta
quashing the investigation started against the
respondent in regard to offences under s. 420, Indian
Penal Code, and s. 120B read with s. 420 of the
Indian .Pena.I Code.
On March 26, 19o0, Sub- Inspector B. L. Ghose
of Police Inforcement Branch filed a written report
before the Officer-in-charge Uha.kdha P. S., alleging
that the respondent in conspiracy with three others
Stc..te of W,ui Blnga
v.
S.!i.1• Bosak
Kapur J,
1112
5tn1 •J We•I •1n1cl
..
S.N. B•sak
x.,,ur J.
54
SUPREME OOURT REPOR'l'S {1963]
had cheated the Government of West Bengal of a
sum of .Rs. 20,000.
The respondent at tho time
was
an
Assistant-cum·Executivc
Engineer,
Kanchrnpara Development Area, Kalyani Division.
Un the basis of this report a
First Information
Report was drawn up and the police started
investigation.
On April 4, 1960, the respondent
surrendered in the court of the Judicial Magistrate at
Hanaghat an<l was released on bail for a sum of
Rs. 1,000/·. The respondent th11n on May 9, 1960, filed
a petition under ss. 439 and 561A of the Criminal
Procedure Code and prayed for a rule against the
District Magistrate, Nadia, to show cause why the
judicial case pending in the court of the Senior
Magistrate
Ranagaghat
a.rising
out
of
the
Chakdah Polioe Station Case No. 33 dated March 26,
1960, be not quashed.
The High Court bold :-
"In our view, the statutory power of
investigation given to the police under Chapter
XIV is not aExcerpt shown. Read the full judgment & AI analysis in Lexace.