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april 1962

Supreme Court of India · 1962-04-12

STATE OF WEST BENGAL vs S. N. BASAK

Citation / case number
SC 1961/68
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
S. N. BASAK
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the powers of the police to investigate cognizable offences under Sections 154 and 156 of the Code of Criminal Procedure cannot be interfered with by the High Court under Section 439 or the inherent powers under Section 561A. The High Court's decision to quash the investigation against the respondent for offences under Sections 420 and 120B of the Indian Penal Code was erroneous. The appeal by the State of West Bengal was allowed, reinstating the investigation.

STATE OF WEST BENGAL vs S. N. BASAK · Niyam