MALAVIYA RAM LAL YADAV Vs. STATE

JUDGEMENT

(1.) B. N. Katju, A. C. J. These are six applications under Section 482 Cr. P. C. praying that the First Information Report and the investigation on its basis be quashed and the opposite parties be directed to release the goods seized in favour of the applicants and the opposite parties be also directed not to arrest the appli cants in pursuance of the First Information Report during the pendency of the applications. The learned Single Judge who heard these applications was of the view that the answers given by the Full Bench in the case of Prashant Gaur v. State ofu. P. , 1988 AWC 828 : (1989 JIG 147) (FB) to the questions referred to it with respect in the power of this Court to interfere with the investigation by the police did not appear to be in accordance with the law laid down by the Supreme Court and the Privy Council.

(2.) THE questions referred to the Full Bench in the case of Prashant Gaur v. State of U. P. , (supra) and the answers given with respect to them are as follows : Question No. 1. Whether under Section 482, Cr. P. C. the High Court has inherent power to interfere with the investigation by the Police ? Answer Investigation into an offence is a statutory function of the police and the superintendence thereof is vested in the State Government. It is only in the rarest of rare cases, and that too, when it is found by the Court that the F. I. R. and the investigation over a reasonable length of time, do not disclose the commission of a cognizable offence, or any offence of any kind, that the High Court may, under Section 482 of the Code interfere with the investigation. Question No. 2 Whether the High Court has powers to stay arrest during investigation. Answer No. 2. Under Section 482 of the Code, the High Court, during not direct the stay of arrest investigation except for a limited period in case of such exceptional nature as is referred in the proceed ing paragraphs. Question No. 3 Answer Whether the decision reported in 1987 A. W. C. 404 lays down a correct proposition of law? Answer 3. In view of our answer to questions Nos. 1 and 2, question No. 3 does not require to be answered and hence returned unanswered.