ROSHAN LAL Vs. STATE OF H.P

JUDGEMENT

(1.) This petition is under section 482 of the Code of Criminal Procedure to quash F. I. R No 23/87 dated 10 -9 1987 registered with the Superintendent of Police, Enforcement (South Zone), Chhota Shimla Learned Counsel for the respondents has raised a preliminary objection that this petition is not maintainable in view of the judgment of the Supreme Court in Jehan Singh v. Delhi Administration, AIR 1974 SC 1146. In that case, the Supreme Court has held that where at the date for filing the petition under section 561 A of the Criminal Procedure Code of 1898 corresponding to section 4H2 of the present Code, no charge sheet or a complaint had been laid down in the Court and the matter was only at the stage of investigation by the Police, the Court cannot, in exercise of its inherent jurisdiction under section 561 -A interfere with the statutory powers of the police to investigate into the alleged offence and quash the proceeding.

(2.) In view of the same, this petition is dismissed, but it is made clear that if a challan is filed against the petitioner, it is open to him to take appropriate remedies against the same, if so advised. -