S M DATTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Since the decision of Privy Council in Khwaja Nazir Ahmed (King Emperor) vs. Khwaja Nazir Ahmed (1944) 71 IA 203 and till this day there is existing one salutary principle that in normal circumstances, the law Courts would not thwart any investigation and criminal proceedings initiated must be allowed to have its own course under the provisions of the Code. The powers of the police ought to stand unfettered to investigate cases where they suspect or even have reasons to suspect the commission of a cognizable offence and the First Information Report (F.I.R.) discloses of such offence. The Judicial Committee in the decision of Nazir Ahmed (supra) observed :

(3.) It is paramount to note however that the observations of Lord Porter in Nazir Ahmed stands qualified by inclusion of the following :