VIJAYKUMAR Vs. STATE

JUDGEMENT

(1.) In W.P.No.3217/2021, petitioner seeks a direction to the jurisdictional police to undertake and accomplish investigation in respect of his F.I.R. No.32/2020 dtd. 3/3/2020. Learned counsel for the petitioner vehemently argues that an F.I.R. of the kind cannot be kept in a limbo indefinitely, especially in the light of Apex Court decision in LALITHA KUMARI vs. STATE OF U.P . (2014) 2 SCC 1.

(2.) Crl.P.No.3163/2021 and Crl.P.No.4322/2021 both filed u/s.482 of Cr.P.C . 1973, seek quashment of the criminal proceedings on the ground that there is no prima facie case to undertake investigation and that criminal law cannot be set in motion casually as held by the Apex Court in PEPSI FOODS LTD. Vs. SPECIAL JUDICIAL MAGISTRATE, 1998 SC 120. So contending learned counsel appearing for the petitioners seeks quashment of the said proceedings. This is opposed by the petitioner in the writ petition who has lodged the F.I.R., contending that criminal proceedings should not ordinarily be interfered with in writ jurisdiction.

(3.) Learned HCGP appearing for the respondent- police contends that the petitioners have already secured an advance bail against their apprehension and that the bail orders stipulate his co-operation in the investigation process. That being the position, petitioners have vainly knocked at the doors of this court in inherent jurisdiction vested u/s.482. In support of his contention he banks upon a decision of the Apex Court in STATE OF HARYANA & OTHERS vs. CH. BHAJAN LAL & OTHERS, AIR 1992 SC 604.