KRISHNA WANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, for quashing of First Information Report No. 23 of 1989 under Sections 406/498-A of the Indian Penal Code, registered at Police Station, Kotwali, E-Division, Amritsar.

(2.) I need not go to the details in this matter, as admittedly the case in hand is at an investigation stage by the police. This factual position has even been admitted by the counsel for both the parties. The investigation into an offence is a statutory function of the police and the superintendence thereof is vested in the State Government and the court is not justified without any compelling and justifiable reason to interfere with the investigation. Thus where the investigation which is still on its way and the further investigation in the offence is legally permissible as contemplated by Section 173(8) of the Code of Criminal Procedure, the quashing of investigation by the High Court would not be permissible. This has been so held by their Lordships of the Supreme Court in various authorities. If an authority is needed on this point, Jahan Singh v. Delhi Administration, AIR 1974 SC 1146 and M/s. Jayant Vitamins Ltd. v. Chaitanykumar and another, AIR 1992 SC 1930, may be referred to with advantage.

(3.) AFTER hearing the learned counsel for the parties and going through the First Information Report, I do not find any compelling or justifiable reason to interfere with the investigation at this stage. This petition under Section 482 of the Code of Criminal Procedure at such a stage is, therefore, premature and incompetent.