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2001 Supreme(All) 885

IN THE HIGH COURT OF ALLAHABAD
BINOD KUMAR ROY, D. R. CHAUDHARY
ATIQUE AHMED - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRI. M. W. P. 2391 Of 2001
Decided On : 08/31/2001

Advocates Appeared:
DAYA SHANKAR MISHRA, S.M.A.QAZMI, S.S.RAY

The High Court has the power to intervene in cases of mala fide exercise of police powers and can quash investigations under Article 226 of the Constitution, despite the submission of a charge-sheet.

Headnote:

Writ Petitions - Criminal Investigation - [Sections 156(3), 482 of CrPC, Articles 14, 19, 21 of the Constitution] - The court discussed the maintainability of the writ petitions challenging the criminal investigation and emphasized the power of the High Court to intervene in cases of mala fide exercise of police powers. The court overruled the preliminary objection raised by the government advocates and clarified the exceptions recognized by the Supreme Court.

Fact of the Case:

The court considered the maintainability of writ petitions challenging criminal investigations and the preliminary objection raised by the government advocates. The petitioners sought relief from alleged mala fide exercise of police powers and violation of constitutional rights.

Finding of the Court:

The court overruled the preliminary objection and clarified the exceptions recognized by the Supreme Court, allowing the writ petitions to proceed to hear on their merits.

Issues: The main issue was the maintainability of the writ petitions challenging the criminal investigation and the court's jurisdiction to intervene in cases of alleged mala fide exercise of police powers.

Ratio Decidendi: The court emphasized the power of the High Court to intervene in cases of mala fide exercise of police powers and clarified the exceptions recognized by the Supreme Court.

Final Decision: The court overruled the preliminary objection raised by the government advocates and allowed the writ petitions to proceed to hear on their merits.

( 1 ) ALL these three writ petitions which are being heard together have been placed today for further hearing.

( 2 ) IN Crl. Misc. Writ Petition No. 1911 of 2001 the prayer of the petitioner Atique Ahmad, who happens to be a Member of Legislative Assembly for the last 12 years continuously and claims to be popular equally between Hindus and Muslims belonging to Apna Dal, has come up with following prayers :-" (I) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them to apprise the petitioner and to submit all the pending cases against the petitioner till date along with actual status report so that the petitioner may not be victim of the fabrication of the false cases in future. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing the Principal Home Secretary/home Secretary Government of Uttar Pradesh and the Director General of Police, Uttar Pradesh, Lucknow to issue official order directing all the officers referred in paragraph 56 who are opposite parties in Criminal Misc. Application No. Nil of 1999, under Section 156 (3) Code of Criminal Procedure moved before the Chief Judicial Magistrate, Allahabad. (iii) to issue a writ order or direction in the nature of Mandamus commanding the opposite parties directing them to ensure that the local administration specially the officials referred in paragraph 56 do not indulge any improper, illegal or false implication of the petitioner and his close members of the family and staff members in the fake case. (iv) to issue a writ order or direction in the nature of Mandamus commanding the opposite parties directing them not to indulge in any act of harassment of the petitioner and his family members by resorting to illegal and unlawful attachment of the properties of the petitioner and to ensure proper safety and security to the petitioner and his family members. (v) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to violate the principles of Aricles 14, 19 and 21 of the Constitution of India as held by Honble Supreme Court in innumerable decisions of the recent past. "2. 1 Criminal Misc. Writ Petition No. 2391 of 2001 has been filed by the same petitioner Atique Ahmad for grant of following reliefs :- (I) to issue a writ, order or direction in the nature of Certiorari quashing the First Information Report dated 9-4-2001 in case Crime No. 27 of 2001 under Ss. 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC. and Section 7 Criminal Law Amendment Act and 2/3 Uttar Pradesh Gangster and Prevention of Anti Social Activities Act and S. 3 (1) of SC/st Act, Police Station Shahganj, Allahabad, contained in Annexure No. 13 to the writ petition. (II) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing the respondent Nos. 1 and 2 to appoint some judicial inquiry to inquire into the allegations of mala fide against the Police officials referred in this writ petition. (III) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to proceed in pursuance to the impugned First Information Report dated 9-4-2001 in any manner whatsoever in view of the clear fabrication of the same with ulterior and mala fide intention. (IV) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to arrest the petitioner Nos. 1 and 2 in pursuance of the impugned First Information Report dated 9-4-2001 in case Crime No. 27 of 2001 under Ss. 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC and Section 7 Criminal Law Amendment Act and 2/3 Uttar Pradesh Gangster and Prevention of Anti Social Activities Act and 3 (1) SC/st Act, Police Station Shahganj, Allahabad. (V) to issue a writ, order or direction in the nature of Mandamus actions/proceedings as well as the arrest of the petitioner Nos




















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