Case Note & Summary
The Supreme Court allowed criminal appeals filed by the State of Uttar Pradesh against High Court orders that granted protection from arrest to three accused-respondents during investigation of an FIR alleging forgery in obtaining arms licences -- The High Court had disposed of their writ petitions under Article 226 of the Constitution of India by refusing quashing but directing 90-day investigation completion and granting arrest protection till cognizance -- The Supreme Court set aside these orders, holding that such protection was not justified -- The investigation was to proceed without any arrest protection to the accused-respondents
Headnote
Criminal Law-- Constitution of India, 1950 -- Article 226 -- Indian Penal Code, 1860 -- Sections 420, 467, 468 and 471-- Arms Act, 1959-- Sections 3, 25 and 30 -- Procure and use of armed license by submitting forged documents and false affidavits-- Complaints-- Investigation-- Further investigation-- Respondents/accused filed petition under Article 226 of Constitution of India before high court-- High court allowed the petitions and directed to the investigating officer to complete investigation in alleged offence within 90 days and also granted protection to the respondents as to not to arrest them-- Aggrieved-- Challenged by state in three appeals before supreme court-- Jurisdiction under Article 226 of Constitution of India discussed-- Availability of remedy in criminal law by invoking under Article 226 of Constitution of India-- Investigation of an offence is a long winding road-- Delay can be occurred in investigation-- Observations-- Cases referred-- Time bound investigation remain the exception rather than the norm-- Directions as to complete investigation within time limit set aside-- Error committed by the high court by relying upon the judgment of Shobhit Nehra (Supra)-- Directions as to not to arrest the respondents/accused also quashed and set aside-- Appeals allowed Para-- 8, 9, 10, 11, 12, 14, 16, 17
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of whether the High Court was justified in granting protection from arrest to the accused-respondents during investigation while refusing to quash the FIR
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The Supreme Court allowed the State's appeals and set aside the impugned High Court orders -- The protection from arrest granted to accused-respondents was vacated -- The investigation was to proceed without any arrest protection
