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2000 Supreme(All) 971

J.C.GUPTA, U.S.TRIPATHI
HARKISHAN – Appellant
Versus
SENIOR SUPERINTENDENT OF POLICE, BULANDSHAHR – Respondent


Advocates Appeared:
M.K.GUPTA

( 1 ) HEARD petitioners counsel and the learned A. G. A.

( 2 ) F. I. R. in question, which we have perused, discloses commission of cognizable offence. In such a situation police has every authority to make investigation for finding out real offenders. It is submitted by the petitioners counsel that the petitioners are not named in the F. I. R. and their complicity has been stated before the police by co-accused Naresh-nephew of the petitioners when he was arrested by the police. Learned counsel for the petitioners submitted that until any other piece of evidence is collected against the petitioners the Investigating Officer should be directed not to arrest them. It is well settled law that Court should not interfere during investigation nor should assume authority on the powers of the Investigating Officer. A statutory right has been conferred on the police under Sections 154 and 156, Cr. P. C. to investigate the circumstances of an alleged cognizable crime. It would be an unfortunate result if it has to be held that Courts should intervene with those statutory rights. The functions of the police and the judiciary are complimentary and not over lapping and the combination of indiv




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