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High Courts(2001) 11 AHC CK 0067

Sadiqua Begam vs Station House Officer, P.S.Colonelganj, Allahabad and Others

Allahabad High Court · Decided on 29 November 2001

HON’BLE JUDGES
S.R.Singh, J and R.K.Dash, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Writ Petition No.4653 of 2001
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Judgment

4 paragraphs · 339 words
1.

Heard learned counsel for the petitioner and learned A.G.A. None has appeared for respondent No.3 despite service. We have also perused the First Information Report registered in case crime No.622 of 2000, under Sections 419/420/467/468 I.P.C., P.S. Colonelgang, district Allahabad.

2.

The contention made across the bar that the First Information Report prima facie does not disclose commission of a cognizable offence, does not commend to us for acceptance. It is well settled that relief of quashing the FIR at the very threshold of investigation can be granted only if the FIR prima facie does not disclose commission of a cognizable offence. The FIR in the instance case does disclose commission of a cognizable offence. It is then commiseratingly submitted that the respondents may be directed not to arrest the petitioner pending investigation in the case. The principle well settled is that the arrest is a step towards investigation. However, in view of the ratio decidendi flowing from the decision of the Apex Court in Joginder Kumar v. State of U.P. 1994 (4) SCC 260 followed in D.K. Basu v. State of West Bengal 1997 (1) SCC 416 that mere registration of cognizable offence does not provide a legitimate justification to arrest any person unless the investigating agency is satisfied on the basis of some investigation that the cognizable offence has in fact been committed and there is material testifying to involvement of the person sought to be arrested.

3.

However, having regard to the nature of the offence and the allegations made in the FIR, we feel called to dispose of the petition finally attended with the direction that the investigation in the case may go on and be taken to some logical conclusion, the arrest of the petitioner shall remain stayed till submission of the police report under Section 173 Cr.P.C. and subject to the condition firstly that the petitioner shall appear for interrogation by the police whenever required for the purpose; and secondly that she shall not indulge herself in any criminal activity.

(Ordered accordingly)