1962 (4) TMI 115

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....., 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. On March 26, 1960, Sub- Inspector.B. L. Gbose of Police Inforcement Branch filed a written report before the Officer-in-charge Chakdha P. S., allegi....

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....ion Case No. 33 dated March 26, 1960, be not quashed. The High Court held :- "In our view, the statutory power of investigation given to the police under Chapter XIV is not available in respect of an offence triable under the West Bengal Criminal Law Amendment (Special Courts) Act 1949, and that being so, the investigation concerned is without jurisdiction. In so saying, we are consicious o....

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....d' 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 cognizab....

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..... 491 of the Criminal Procedure Code to give directions in the nature of habeas, corpus. In such a case as the present, however, the court's functions begin when a charge is preferred before it, and not until then. It has sometimes been thought that a. 561A has given increased powers to the Court which it did not possess before that section was enacted. But this is not so, the section gives no....