R.K.Dass, J. - (1.) Petitioner, accused in Case Crime No. 387 of 2001, under Sections 420/467/468, I.P.C.. Police Station Kotwali Sadar, district Fatehpur, has filed this writ petition seeking quashing of the first Information report of the said case.
(2.) Before adverting to the factual matrix of the case, it is necessary to allude to judicial pronouncements as to the scope and ambit of power of Interference of the Court in the matter of Investigation which is within the domain of the police.
(3.) In State of W. B. v. Swapan Kumar Guha, AIR 1982 SC 949, the Court held : "Once an offence is disclosed an investigation into the offence must necessarily follow in the interest of justice. If, however, no offence is disclosed, an investigation cannot be permitted, as any investigation, in the absence of any offence being disclosed will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing. The liberty and property of any individual are sacred and sacrosanct and the Court zealously guards them and protects them. An investigation is carried on for the purpose of gathering necessary materials for establishing and proving an offence which is disclosed. When an offence is disclosed, a proper Investigation in the interests of Justice becomes necessary to collect materials for establishing the offence and for bringing the offender to book. In the absence of a proper investigation in a case where an offence is disclosed, the offender may succeed in escaping from the consequences and the offender may go unpunished to the detriment of the cause of Justice and the society at large. Justice requires that a person who commits an offence has to be brought to book and must be punished for the same. If the Court interferes with the proper investigation in a case where an offence has been disclosed, the offence will go unpunished to the serious detriment of the welfare of the society and the cause of the justice suffers. It is on the basis of this principle that the Court normally does not interfere with the investigation of a case where an offence has been disclosed.";