BABU BAM Vs. STATE OF U P

JUDGEMENT

(1.) 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 3(56/342/376 IPC, Police Station Sadar Bazar, Shahjahanpur with the further request to stay the arrest of the applicants. The question whether the High Court can exercise its power in its jurisdiction u/Sec. 492 CrPC and whether it could also direct the stay of the arrest of the applicants u/Sec. 482 CrPC was considered by a Full Bench of this Court in Prashant Gaur v. State of U. P., 1988 ACrR 410. The aforesaid Full Bench after considering various aspects of the matter has held that the power of the High Court to interfere in any investigation under section 482 CrPC 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 absolutely of any nature was made out against the applicant. It was further observed by the Full Bench that even in such case the power should be exercised very very sparingly. The Full Bench then answered the second question whether it had pow?r to stay arrest of the petitioner under section 482 CrPC 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 circumstances mentioned above, then alone the High Court could also stay arrest of the petitioner.

(2.) COMING to the instant case ii 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 CrPC.

(3.) CONSEQUENTLY this petition is dismissed summarily.