MUKESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under section 482 Cr. P.C. has been preferred by Prasant Gaur seeking hereby to quash the First Information Report dated 11-4-1985 in Crime No.58 of 1985 under Section 409/467/468/420 I.P.C. for police Station Shivali, District Kanpur Dehat. A further prayer for stay of arrest of the applicant had been made in the aforesaid application during the course of the pendency of the application under Section 482 Cr. P.C. Initially, the aforesaid application was put up before Hon. V.P. Mathur, J. for admission and thereafter the arrest of the applicant was stayed by an order dated 14-4-1986 excepting that the investigation in the case shall continue. Now, this application has come up before me for disposal.

(2.) Learned counsel for the State has submitted that the provisions of Section 482 Cr. P.C. cannot he invoked for staying the investigation or arrest of the accused. In support of his contention, reliance was placed on a division Bench decision of this Court in Criminal Misc.Appln. No. 13691 of 86 Puttan Singh v. State of U.P., decided on 8-1-1987, 1987 All WC 404 wherein it was held that the power of the police to investigate into the case registered on the basis of a First Information Report in cognizable offences is unfettered and cannot he interfered with by the Court in exercise of its inherent powers under section 482 Cr. P.C. Likewise, the power of the police to arrest the accused involved in a cognizable offence as mentioned in section 41(1)(a) Cr. P.C. cannot be interfered with by the court in exercise of its inherent powers.

(3.) On the other hand, learned counsel for the applicant submitted that the Hon'ble Judges have overlooked the decisions of other High Courts and also of Supreme Court where it was held that the investigation in cases of cognizable offences can be interfered with, and in this context, he placed reliance on 1983 Cri LJ 570 of Calcutta High Court, AIR 1966 Mys 152 of Mysore High Court, and a Full Bench of Punjab and Haryana High Court, AIR 1982 Punj and Har Madras High Court, AIR 1969 Mad 33 and Rajasthan High Court AIR 1954 Raj 241. It was also submitted that the aforesaid Full Bench of Punjab and Haryana High Court was considered by Hon'ble Supreme Court in 1985 Cri LJ 817 but the Hon'ble Supreme Court did not negative the view adopted by Punjab and Haryana High Court to the effect that the investigation in a cognizable case can be interfered with by invoking the provisions of Section 482, Code of Criminal Procedure. The Full Bench has held as under :-