1. THE jurisdiction of the Investigating Agency to investigate ought not to be lightly interfered with and Writ Court would not normally do so unless however it could be established that the initiation of the proceeding by the lodgment of the First Information Report does not disclose an offence or the investigation is continued for purpose other than legal and is continued malafide.

2. THE law in that regard is now well-settled by the decision of the Supreme Court in the case of State of West Bengal v. Swapan kumar reported in AIR 1982 SC. 949. in the above-noted decision, the Supreme Court observed :

" The position which emerges from this decision. . . . . . . . . is that the condition precedent to the commencement of investigation under Section 157 of the Code is that the F. l. R. must disclose, prima facie, that a cognizable offence has been committed. It is wrong to suppose that the police have an unfettered discretion to commence investigation under Section 157 of the Code. Their right of enquiry this condition by the existence of reason to suspect the commission of a cognizable offence and they cannot reasonably have reason so to suspect unless the F. I. R., Prima fac