STATE OF WEST BENGAL Vs. S N BASAK

JUDGEMENT

(1.) 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 Penal Code.

(2.) On March 26, 1960, Sub-Inspector B L. Ghose of Police Enforcement filed a written report bofore the Officer-in-charge Chakdah P. S. alleging that the respondent in conspiracy with three others had cheated the Government of West Bengal of a sum of Rs. 20,000. The respondent at the time was an Assistant-cum-Exceutive Engineer, Kanchrapara Development Area, Kalyani Division. On the basis of this report a First Information Report was drawn up and the police started investigation. On April 4, 1960, the respondent susrrendered in the court of JudicialMagistrate at Ranaghat and was released on bail for a sum of Rs. 1,000/-. The respondent then 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 case pending in the court of the Senior Judicial Magistrate, Ranaghat, arising out of the Chakdah Police Station Case No. 33 dated March 26, 1960, be not quashed. The High Court held:

(3.) At the time respondent filed the petition in the High Court only a written report was made to the police by the Sub-Inspector of Police Enforcement Branch and on the basis of that report a First information Report was recorded by the Officer-incharge of the Police Station and investigation had started. There was no case pending at the time excepting that the respondent had appeared before the Court, had surrendered and had been admitted to bail. The powers of investigation into cognizable offences are contained in Chapter XIV of the Code of Criminal Procedure. Section 154 which is in that Chapter deals with information in cognizable offences and S. 156 with investigation into such offences and under these sections the police has the statutory right to investigate into the circumstances of any alleged cognizable offence, without authority from a Magistrate and this statutory power of the police to investigate cannot be interfered with by the exercise a power under S. 439 or under the inherent power of the court under S. 561A of the Criminal Procedure Code. As to the powers of the Judiciary in regard to statutory right of the police to investigate, the Privy Council in 71 Ind App 203 at page No. 212, observed as follow: