BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) G. Malviya, J. This application has been moved by Babu Ram and Rajesh Kumar for quashing the First Information Report giving rise to the Crime No. 149 of 1988 under Sections 366/342/376, I. P. C. Police Station Sadar Bazar, Shahajanpur with the further request to stay the arrest of the applicants. The question whether the High Court can exercise its power in its jurisdiction under Section 482, Cr. P. C. and whether it could also direct the stay of the arrest of the applicants under Section 482, Cr. P. C. was considered by a Full Bench of this Court in Prashant Gaur v. State of U. P. , 1988 (25) ACC 276 (HC) (FB): 1989 JIG 147. The aforesaid Full Bench of --- considering various aspects of the matter has held that the power of the High Court to interfere in an investigation under Section 482 Cr. P. C. is still alive and is not lost to the High Court. . Yet as per the judgment of the Full Bench this power could be exercised only if a perusal of the First Information Report may indicate that no offence absolute of any nature was made out against the applicant It was lather observed by the Full Bench that even in such cases the power should be exercised very sparingly. The Full Bench then answered the second question it had power to stay arrest of the petitioner under Section 482, Cr. P. C. in the matter pending investigation and the answer of the Full Bench was that only in such case where the High Court would have thought it proper to interfere in the investigation against the First information Report, under the circumstance mentioned above, then alone the High Court could also stay arrest of the petitioner.

(2.) COMING to the instant case it cannot be said that on the allegations made in the First Information Report no Offence was made out against the applicants. Consequently in view of the judgment of the Full Bench it is not possible to interfere in this matter under the powers of the High Court under Section 482, Cr. P. C.

(3.) CONSEQUENTLY this petition is dismissed summarily. 6 After the above order has been made the learned Counsel for the applicants states that it is a practice in the subordinate courts at Shahajanpur that Whenever a person applies for bail his application for bail is not considered on the same day. It is impossible to conceive such a practice prevailing m the subordinate courts It is always expected that as and when any application for bail is moved before the subordinate courts they shall immediately dispose it of on the same day more so as the applicant Babu Ram is a Government servant. 7. With these observations this application is finally disposed of. 8 A copy of this order be supplied to the learned Counsel for the applicants on usual charges today. Petition dismissed. .