LAWS(CAL)-1999-12-37

SAMIR SETT Vs. STATE OF WEST BENGAL

Decided On December 01, 1999
Samir Sett Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THERE shall be an order in terms of Prayer (a) of the application.

(2.) HAVING heard the learned counsel for the parties we are of the opinion that the appeal itself should be disposed of along with the application after treating the same on the day's list.

(3.) AN investigation into a case starts only upon recording of the First Information Report in terms of Section 154 of the Code of Criminal Procedure. The police authorities without initiating any proceedings and registering the First Information Report cannot be said to have jurisdiction whatsoever to start investigation in a case and exercise their jurisdiction under Section 160 of the Code of Criminal Procedure as the said provision applies only in relation to an investigation. An investigation can be started only upon registering a First Information Report in relation to a cognizable offence. For the reasons aforementioned, the appeal is allowed, the impugned order is set aside and the writ application filed by the petitioner is disposed of with a direction upon the respondents not to ask the petitioner to attend Police Station unless a First Information Report is registered. No order as to costs. Both the appeal and the application stand disposed of. Xerox certified copy of this judgment and order be made available to the parties on a priority basis. Appeal allowed.