MATA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) RAJESHWAR Singh, J. This is a petition under Section 482. Cr. P. C. Wherein it has been prayed that letter dated 27th July, 1987 from C. B. , C. I. D. directing arrest of the petitioners be quashed and in the meantime the petitioners be not arrested.

(2.) THE facts of the case are that a person was said to have been mur dered. Regarding it a case was registered at the police station. THEn the complainant filed a complaint in the court of the Magistrate and the Magis trate took cognizance. Against that, the accused filed an application under Section 482, Cr. P. C. and the hearing of that case has been stayed. It appears that no final report was submitted in connection with the registration of the case at the police station and in all probability it was handed over to 'c. B. , C. I. D. THE C. B. , C. I. D. on its letter dated 27th July, 1987 which Is "sought to be quashed has requested the Civil Police that the accused be arrested and a remand should be had relating to them. Those accused have filed this applica tion under Section 482, Cr. P. C. with the prayer as noted earlier. THE argu ment is that when once the Magistrate has taken cognizance the investigation cannot proceed; or at least the accused cannot be arrested.

(3.) THIS provision came to be considered in the case of Achhan and others v. State of Uttar Pradesh, 1982 ALJ (NOC) 31. There a bench of this Court said that notwithstanding that a Magistrate had taken cognizance of the offence upon a police report submitted under Section 173, Cr. P. C. the right of the police to further investigation is not exhausted and the police can exercise such right as often as necessary.