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1992 Supreme(Del) 175

V.B.BANSAL
WASHESHAR NATH CHADHA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
Altaf Ahmed, Ashok Bhasin, ASHOK GROVER, D.C.MATHUR, R.P.DAVE

V. B. Bansal,j.

( 1 ) HIGH Court in exercise of the powers under section 482 Cr. P. C. has no power to interfere with the investigation of a case even if the police officer is making efforts to arrest a person in violation of Section 41 (1) (a) Cr. P. C. . . It is, thus clear that so long as the investigating Officer is making investigation independently without the assistance of the court, it is not within the power of the High Court in exercise of the powers under section 482 Cr. P. C. to interfere with the investigation, the question as to whether the F. I. R. should be quashed and whether any interference is required, could be gone by the High Court in writ jurisdiction.

( 2 ) THE question as to whether there are grounds for the court to issue non-bailable warrants can certainly be gone into by High Court in exercise of the powers under section 482 Cr. P. C. such as scrutiny of the order of a Magistrate can by no stretch of imagination be term as interference in the investigation of a case by the Police. Court cannot interfere in exercise of the power under section 482 Cr. P. C. in the collection of evidence and arrest even by illegal methods. The decision with regard to the po




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