The main legal point established in the judgment is the need for sparing exercise of inherent powers under Section 482 of the Code of Criminal Procedure and the statutory duty of the police to investigate cognizable offences.

1. In the bail applications, both the petitioners/accused persons seek grant of bail in the same FIR. Since in the bail applications, both the accused persons are involved in the same FIR, and petition for quashing of FIR has been filed by one of the accused persons namely Naresh Kumar, so I propose to dispose of these bail applications along with petition under Section 561-A (CRMC) vide common order.

CRMC No. 514/2018

2. In this petition filed under Section 561-A of the Code of Criminal Procedure, the petitioner-Naresh Kumar seeks quashing of FIR No.140/2018 dated 27.07.2018 registered at Police Station, Reasi under Section 366/34 RPC against the petitioner on false and flimsy grounds by abusing the process of law.

3. In the petition, it has been stated that the petitioner has not committed any crime whatsoever and it seems that a girl has gone missing or eloped or escaped and the family has lodged an open/general report, without naming the petitioner or anyone but the police has detained the petitioner without any rhyme or reason as neither the petitioner has any role in the escape of the girl nor has committed any crime. It is also stated that merely on suspicion the petitioner has been arrested since 04.08.2018 and the petitioners’ family has not been given any grounds of arrest, neither any arrest memo prepared nor copy was provided to the petitioner or his family, therefore, violating the celebrated judgment in D. K. Basu’s case. The petitioner is innocent and has not committed any crime and has been falsely implicated in this false and frivolous case by the respondent. It is further contended that strangely, the girl who is missing has not been found, then how the respondent has concluded that the petitioner is suspect or accused and added other offences. At the most it could be a case of suspicion for which the petitioner has been in custody from last several days and cooperated with the police and is ready for any other sort of cooperation but the petitioner is not at all involved in kidnapping or eloping of the girl. It is also stated that the allegations levelled in the FIR are totally false. As a matter of fact, if a girl has gone missing, there has to be a missing report and without that an FIR for kidnapping cannot be registered. Here the petitioner has been arrested and there being no information or evidence of kidnapping against him. It is also stated that may be she escaped out of her free volition or even if kidnapped, in all these situations the impugned FIR is illegal and cannot sustain as there is not even an iota of evidence against the petitioner.

4. The petitioner has filed the instant petition on the following grounds :

(a) Because Section 561-A of the Cr.P.C categorically saves the inherent power of High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. In the instant case it is pertinent in the ends of justice and to prevent an abuse of the process of law that the impugned FIR be quashed.

(b) Because High Court is empowered to quash a criminal proceeding where it is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The Courts are also empowered to quash in case where the allegations kin the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein like in the present case. Reliance I this regard is placed on the decision of State of Haryana v. Bhajan Lal (1992 AIR 604).

(c) Because the present FIR is a result of abuse of the process of law and unfair and lackadaisical and unprofessional investigations and violation of the Police Rules and Apex Court Judgment.

(d) Because the complaint/FIR is just to harass and blackmail the petitioner and to ensure that the petitioner fa