J.B.KOSHY, K.A.MOHAMMED SHAFI
Thankamani – Appellant
Versus
Inspector General of Police – Respondent
ORDER
J.B. Koshy, J. - While disposing of an anticipatory bail application Court of Sessions, Kozhikode doubting the genuineness of the affidavit filed in support of the bail application, directed the Chief Judicial Magistrate and Inspector General of Police to conduct investigation/enquiry and to take appropriate action. When the above order was challenged in view of the importance of the questions regarding the extent and scope of the inherent powers of the Court of Sessions in ordering such investigations the matter was referred by the learned single Judge (Justice P.V. Narayanan Nambiar) to the Division Bench. Thereafter, when final report was filed after conducting the investigation as directed by the Court of Sessions it was also challenged before this Court by the first accused. Apart from the correctness of the order passed by the Court of Sessions, prohibition under Sec. 195(1)(b) of the Code of Criminal Procedure from taking cognizance of offences punishable under Secs. 193 and 199 of the Indian Penal Code and conflicting findings recorded in the final report etc. were also argued.
2. Facts of the case are very clearly stated in paragraphs 1 and 2 of the reference order w
Kurukshetra University & Anr. v. State of Haryana and Anr.
Dr. Raghubir Saran v. State of Bihar and Anr.
Bindeshwari Prasad Singh v. Kali Singh. AIR 1977 SC 2432. (Para 8)
Hari Singh Mann v. Harbhajan Singh Bajwa and Ors.
Randhir Singh v. State of Haryana & Anr.
M.S. Ahlawat v. State of Haryana and Anr.
State of U.P. v. Suresh Chandra Srivastava & Ors.
Sachida Nand Singh and Anr. v. State of Bihar and Anr.
State of Punjab v. Raj Singh. AIR 1998 SC 768: 1998 (1) Supreme 255: 1998 (1) Crimes 120. (Para 13)
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