DHARMENDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. Request has been made to quash the FIR of Case Crime No. 181 of 2002 under Sections 147, 342, 323, 504 and 506 IPC P. S. Kotwali Mahoba and for stay of arrest of the petitioner in the said crime. A preliminary objection has been raised by the AGA that the petition in this Court is not maintainable as the FIR is under investigation and the same cannot be interfered with under Section 482 Cr. P. C.

(2.) I have heard Sri R. S. Tewari, learned Counsel for the applicant and the AGA.

(3.) A bare perusal of Section 482 of Cr. P. C. shows that inherent powers of the Court had been saved to give effect to any order under this code or to prevent abuse of the process of the Court or otherwise to secure the ends of justice. Therefore, the investigation cannot be interfered with under Section 482 Cr. P. C. This was held by seven Judges Bench of this Court in the case of Ram Lal Yadav v. State, 1989 JIC 177 (All) ; 1989 ACC Page 181. The Division Bench of this Court in Writ Petition No. 1342 of 1997, decided on 16-12-1997 has after considering subsequent decisions of the apex Court held that the law laid down in the Ram Lal's case is still hold good.