AMRESH KU.SINGH,J. - (1.) PERUSED the petition. By this petition under Section 482 Cr.P.C. the petitioner Prakash Chandra has challenged the order dated 16.6.1995 passed by the learned Sessions Judge, Udaipur in criminal case No. 474/95 relating to FIR No. 167/95 of the Police Station Surajpole, Udaipur. By the aforesaid order the learned Sessions Judge after considering the application filed under Section 438 Cr.P.C. directed the officer in-charge of the Police Station not to make arrest of the petitioner Prakash Chandra till the report of the analysis was received from the Forensic Science Laboratory showing that the goods sent for analysis were adulterated.
(2.) I have carefully read the petition. There is nothing in the grounds of the petition to justify the inference that the impugned order dated 16.6.1995 passed by the learned Sessions Judge Udaipur deserves to be interfered with under Section 482 Cr.P.C. While parting with this petition it may be pointed out that Section 438 Cr.P.C. empowers the High Court and the Court of Sessions to give direction to the Police that the applicant may be released on bail. Section 438 Cr,P.C. does not empower the Court of Sessions to suspend the exercise of statutory powers of the Police to make arrest of any person. The order which may be passed under Section 438 Cr.P.C. whether it is provisional or final in terms preserve and protects the power of Police to make arrest, the very use of the words "in the event of arrest" clearly indicates that the powers under Section 438 Cr.P.C. cannot be exercised for the purpose of suspending the powers of the police to make arrest. It is true that this Court can in exercise of the inherent powers conferred upon under Section 482 Cr.P.C. direct the Police not to make arrest of any person if the circumstances warrant the passing of such a direction but the inherent powers under Section 482 Cr.P.C. are not available to the subordinate Courts. Viewed in this light the impugned direction contained in the order dated 16.6.1995 passed by the learned Sessions Judge, Udaipur that till the report of analysis is received from the Forensic Science Laboratory, the petitioner shall not be arrested appears to be not authorised by Section 438 Cr.P.C. Therefore, it would be in the fitness of things if such directions are not given by the subordinate Court in future. In the instant case, I do not deem it fit to interfere with the direction and, therefore, the legal force behind that direction would be available from Section 482 Cr.P.C. on account of rectifying of the direction by this Court.
(3.) IN the facts and circumstances of the case it is made clear that after receiving the report of the Forensic Science Laboratory or on the happening of any event which may provide justification for Police to make arrest the Police Officer shall be competent to make arrest of the offender and the directions given by the learned Sessions Judge, Udaipur shall not stand in his way.;