No act, however abhorrent it may be to the collective conscience of the society or the State is an offence, unless proscribed by law and met with sanctions for its transgression. An offence is a creature of statute, clear and unambiguous, which puts the prospective offender on guard with the liability he would suffer in the event he violated it. These applications under Section 439 of the Code of Criminal Procedure, 1973 raises two important questions. The first question being, whether there can be an investigation by the police without registration of an FIR u/s. 154 Cr.P.C? and the second question that arises is whether the Magistrate, in exercise of his powers u/s. 167 Cr.P.C, can remand a person to judicial custody where no FIR has been registered against such a person u/s. 154 Cr.P.C? The applicants herein have been arrested by the police in connection with Istgasa No.1/2017 under sections 102/41(1-4) of Cr.P.C. and 379 of IPC registered at Police Station-MISROD, District-Bhopal.

2. The genesis of the instant case can be traced back to decision of the Government of India to cancel overnight, the "legal tender" character of bank notes in the denomination of Rs. 500 and