LOURDUMARY Vs. STATE

JUDGEMENT

(1.) THESE petitions, though the prayers are worded differently, in effect it is to investigate the case and to register the complaint.

(2.) THESE petitions are filed under Section 482, Cr.P.C. As per the Judgment of the Supreme Court in State of West Bengal v. S.N.Basak , AIR 1963 SC 447 and Hazari Lal Gupta v. Rameshwar Prasad and another , AIR 1972 SC 484, it has been held that the statutory right of Police to carry on investigation into cognizable offence cannot be interfered with under Sections 401 and 482 before launching prosecution. Interference with such investigation would be impeding investigation and jurisdiction of statutory authorities to exercise the power in accordance with Cr.P.C. The Supreme Court held so in these two cases following its earlier decision in R.P.Kapur v. State of Punjab , AIR 1960 SC 866, held that: