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Appeal against the High Court's judgment quashing the investigation into offences under s. 420, Indian Penal Code, and s. 120B read with s. 420 of the Indian Penal Code. Analysis: The case involved an appeal against the High Court's decision to quash an investigation into alleged offences under the Indian Penal Code. The respondent, an Assistant-cum-Executive Engineer, was accused of cheating the Government of West Bengal. The investigation was initiated based on a report filed by a Sub-Inspector of Police Enforcement Branch. The respondent surrendered in court and was released on bail. Subsequently, the respondent filed a petition in the High Court seeking to quash the case. The High Court held that the police investigation was without jurisdiction as the offence fell under the West Bengal Criminal Law Amendment (Special Courts) Act 1949. The High Court's decision was appealed to the Supreme Court. The Supreme Court, in its judgment, highlighted the statutory power of investigation granted to the police under Chapter XIV of the Code of Criminal Procedure. It emphasized that the police have the right to investigate cognizable offences without the need for authorization from a Magistrate. The Court referenced the case law to support the principle that the functions of the judiciary and the police are complementary but not overlapping. It noted that the court's intervention begins when a charge is preferred before it, and not before. The Court clarified that the inherent powers of the court under s. 561A of the Criminal Procedure Code do not confer new powers but preserve existing ones. The Supreme Court disagreed with the High Court's decision to interfere with the police's statutory power to investigate the alleged offence. It held that the High Court erred in quashing the investigation and that the police should be allowed to proceed with the investigation in accordance with the law. Therefore, the appeal was allowed, and the order of the High Court was set aside, permitting the investigation to continue. In conclusion, the Supreme Court's judgment overturned the High Court's decision to quash the investigation, emphasizing the statutory powers of the police to investigate cognizable offences and the complementary roles of the judiciary and the police in the criminal justice system.
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