STATE OF WEST BENGAL versus S. N. BASAK

STATE OF WEST BENGAL versus S. N. BASAK

The High Court was in error in quashing the police investigation as the powers of investigation into cognizable offences under ss. 154 and 156 of the Criminal Procedure Code are statutory and cannot be interfered with under s. 439 or the inherent powers under s. 561A.

Parties
Appellant: State of West Bengal; Respondent: S. N. Basak
Jurisdiction
India
Judgment Date
12 April 1962
Procedural Posture
Criminal Appeal / Appeal From Calcutta High Court Judgment and Order Dated September 6, 1960 in Criminal Revision No. 647 of 1960, by Certificate Under Art.134(1)(c) of the Constitution
Outcome
Appeal allowed
Legal Topics
Police Investigation, Quashing of Proceedings, Powers of High Court Under Criminal Procedure Code, Inherent Powers of Court
Criminal Law Police Investigation Quashing of Proceedings Powers of High Court Under Criminal Procedure Code Inherent Powers of Court

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Parties

State of West Bengal

Appellant

S. N. Basak

Respondent

Procedural Posture

Criminal Appeal / Appeal From Calcutta High Court Judgment and Order Dated September 6, 1960 in Criminal Revision No. 647 of 1960, by Certificate Under Art.134(1)(c) of the Constitution

Legal Issues

  1. 1 Whether the High Court could quash a police investigation into alleged offences under ss. 420, 120B read with s. 420, Indian Penal Code, by exercising powers under ss. 439 and 561A Criminal Procedure Code.

Ratio Decidendi

The High Court was in error in quashing the police investigation as the powers of investigation into cognizable offences under ss. 154 and 156 of the Criminal Procedure Code are statutory and cannot be interfered with under s. 439 or the inherent powers under s. 561A.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Police investigation to proceed in accordance with law