- (1.) HEARD learned counsel for petitioner.
(2.) PETITIONER has come to this Court in this writ petition with prayer for quashing of first information report dated 7.12.2011 in case crime no. 647 of 2011, under Sections 379, 506, 352 I.P.C. and 3(2) Lok Sampatti Niwaran Adhiniyam, 1984, Police Station Bazar Shukul, District C.M.S. Nagar. From a bare perusal of first information report, it cannot be said that no offence is made out. Learned counsel for petitioner, at this stage, submitted that Police is unauthorizedly trying to arrest the petitioner and, therefore, his arrest should be stayed till the report is submitted by Police. He placed reliance on a Division Bench Judgment of this Court in Criminal Misc. Writ Petition No. 17410 of 2011 Shaukin Vs. State of Uttar Pradesh and others decided on 14.12.2011. A perusal of aforesaid judgment clearly shows that considering the peculiar facts and circumstances involved in that matter, the Court expressed its displeasure at the casual and routine manner by which the concerned Judicial Magistrate allowed judicial remand of accused on mere application moved by the concerned police officer without examining pre -conditions for granting judicial remand laid down in Section 41(1)(b) Cr.P.C. and the decision of this High Court and Apex Court.
(3.) IT admits no doubt that whenever a law is laid down by Apex Court, it is binding on all the authorities, whether executive or judicial, in the entire Country. The law laid down by Apex Court is the law of land and everybody in this Country is bound to obey the same. Article 141 of Constitution declares that the law declared by the Apex Court shall be binding on all Courts within the territory of India and Article 144 says that all authorities, civil and judicial, shall act in aid of Supreme Court. The supremacy of the law laid down by Apex Court with the binding effect admits no doubt. The executive authorities including the Police, therefore, are neither expected nor can act in a manner which would be contrary to law laid down by Apex Court else the erring official(s) would be responsible to face its consequences. Similarly, if a law has been laid down by this Court, in the State it is binding and ought to be complied by all the authorities concerned whether executive or judicial.;