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1944 Supreme(SC) 30

VISCOUNT SIMON, SIR MADHAVAN NAIR, LORD GODDARD, LORD PORTER, LORD SIMONDS
KING-EMPEROR – Appellant
Versus
KHWAJA NAZIR AHMAD – Respondent


Advocates:
Solicitor for appellant: Solicitor, India Office.
Solicitors for respondent: Speechly, Mumford & Craig.

Judgement

Appeal (No. 55 of 1943), by special leave, from a judgment and order of the High Court (Criminal Revision Side) (October 24, 1941).

The question raised in this appeal was whether the High Court had power, under s. 561A of the Code of Criminal Procedure, to quash all proceedings taken in pursuance of two first information reports made to the police.

One Saleh made a first information report to the police at Lahore on August 31, 1941, making allegations of criminal offences committed by the respondent while acting as special official receiver of property in which Saleh had an interest. On September 5, 1941, Saleh made a further report, again making allegations of criminal offences committed by the respondent. Investigations on the charges were made by the police until September 10, 1941, on which date all investigations were stayed by an interim order made by Beckett J. on a petition by the respondent praying that all investigations under the two first information reports be quashed under the inherent power of the High Court as provided by s. 561A of the Code of Criminal Procedure, which provides that " Nothing in this " Code shall be deemed to limit or affect the inherent























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