WASHESHAR NATH CHADHA Vs. STATE

JUDGEMENT

(1.) High Court in exercise of the powers under section 482 Cr. P.C. has no power to interfere with the investigation of a case even if the police officer is making efforts to arrest a person in violation of Section 41(1) (a) Cr.P.C... It is, thus clear that so long as the investigating Officer is making investigation independently without the assistance of the court, it is not within the power of the High Court in exercise of the powers under section 482 Cr. P.C. to interfere with the investigation, the question as to whether the F.I.R. should be quashed and whether any interference is required, could be gone by the High Court in writ jurisdiction.

(2.) The question as to whether there are grounds for the court to issue non-bailable warrants can certainly be gone into by High Court in exercise of the powers under section 482 Cr.P.C. such as scrutiny of the order of a Magistrate can by no stretch of imagination be term as interference in the investigation of a case by the Police. Court cannot interfere in exercise of the power under section 482 Cr. P.C. in the collection of evidence and arrest even by illegal methods. The decision with regard to the power of issuing warrants being available to the Magistrate in respect of a person living abroad and wanted only for interrogation would not amount to interference and would not stop the investigation of the case.

(3.) In the instant case the petitioner is not required by the police for being arrested as an accused rather his presence is required only to join him in the interrogation of the case. There are no valid warrant of arrest against him nor could such warrant be issued by special Judge to direct the petitioner to be arrested and produce in court only to make him available to the Investigating Officer for examination as a person who could throw some light on the facts of the case under investigation.