JUDGMENT (Per Swatanter Kumar, C.J.):

The legislative scheme behind the Code of Criminal Procedure, 1973 discerningly deciphers distinction of jurisdiction and field covered by the police or investigating agency on the one hand and the powers of the court while conducting inquiry or trial. Exercise of authority or jurisdiction by these two distinct components involved in the administration of criminal justice as provided under Chapter XII (Sections 154 to 176) and Chapter XIII to XV (sections 177 to 203) is indicative. This legislative object of distribution of power without transgression on the limitation of the other has received judicial approval. With the development of law under criminal jurisprudence there is clear judicial dichotomy of investigative and judicial power. They operate in different fields without conflict and scope for overlapping, unless the provisions of the Code or judicial dictum have provided to the contrary. Despite passage of time such approach has prevailed with tenacity. Such tenets of criminal law have remained untraumatised and the objectivity of legislative or judge made law has developed towards the common goal without conflict. Pervasive approach o

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