PROF. ASHISH WAKHLU Vs. STATE OF U.P.

JUDGEMENT

(1.) The investigation of a crime is the bedrock of criminal administration of justice. For this reason, the fair investigation and fair trial is a part and parcel of Article 21 of the Constitution of India.

(2.) Normally this Court in exercise of its extraordinary powers under Article 226 of the Constitution of India, would not interfere with and delve into the legality of an FIR or investigation but for the exceptions which under well settled principles have been carved out by the apex court in catena of judgements and for our purpose, the broad principles laid down by the apex court in the case of State of Haryana and others v. Bhajan Lal and others reported in (1992) Supp (1) SCC 335, as set out in paragraph 102 being relevant, are extracted hereunder:

(3.) Likewise in the case of Kapil Agarwal and others v. Sanjay Sharma and others, reported in (2021) 5 scc 524, apex court while emphasizing upon the powers of this Court under Article 226 of the Constitution or Sec. 482 CrPC to quash the FIR if the same appears to be an abuse of process of law and has been lodged only to harass the accused, has observed as under: