Summary
The Supreme Court set aside blanket protection from arrest granted after the High Court rejected a petition to quash an FIR alleging fabrication of judicial records. Such a final restraint, unsupported by reasons or satisfaction of bail requirements, impeded investigation and could not be granted as an adjunct to dismissed quashing proceedings. As a charge sheet had since been filed, the accused was directed to surrender within two weeks and seek regular bail.
Issues
- Whether blanket protection from arrest could accompany rejection of an FIR-quashing petition.
Provisions considered
- Sections 482, 438 and 439, Code of Criminal Procedure, 1973Inherent jurisdiction could not bypass the requirements for anticipatory or regular bail by an unexplained final no-arrest direction after quashing was refused. (¶ 8-12)
Held
- The High Court properly refused to quash the serious allegations concerning fabricated judicial records, but had no basis for granting an unreasoned blanket restraint against arrest after disposing of that petition. (¶ 8-10)
- The accused could invoke the statutory bail remedies. Quashing jurisdiction permits appropriate lawful interim orders, but did not justify this final restraint after the proceedings ended. (¶ 9-10)
- Only the arrest-protection portion was set aside; rejection of quashing remained intact. Following the charge sheet, surrender within two weeks and consideration of regular bail after hearing the prosecutor and the investigating agency’s requirements were directed. (¶ 11-12)
Result
Appeals allowed to the specified extent; blanket arrest protection removed, with surrender and regular-bail directions.