S. M. Datta – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT
Banerjee, J.-Leave granted.
2. Since the decision of Privy Council in Khwaja Nazir Ahmed [King Emperor v. Khwaja Nazir Ahmed1] and till this day there is existing one salutory principle that in normal circumstances, the law courts would not thwart any investigation and criminal proceedings initiated must be allowed to have its own course under the provisions of the Code. The powers of the police ought to stand unfettered to investigate cases where they suspect or even have reasons to suspect the commission of a cognizable offence and the First information Report (F.I.R.) discloses of such offence. The Judicial Committee in the decision of Nazir Ahmed (supra) observed:
"In their Lordship s opinion, however, the more serious aspect of the case is to be found in the resultant interference by the court with the duties of the police. Just as it is essential that every one accused of a crime should have free access to a court of justice so that he may be duly acquitted if found not guilty of the offence with which he is charged, so it is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law
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