B.N Katju, J.:— This is an application under S. 482, Cr. P.C praying that the first information report dt. 15-10-1986 giving rise to chick No. 162 of 1986 in Crime No. 294 of 1986 under Ss. 406, 407, 409, 415, 417 and 420, I.P.C and S. 3/7 of the Essential Commodities Act, Police Station Maduadeeh, district Varanasi be quashed. It is further prayed that the arrest of the applicant may be stayed during the pendency of this application in this Court.
2. It appears from the application that a first information report was lodged by Vachaspati Misra, Sub-Inspector, Police Station Maduadeeh on 15-10-1986 at 10-30 P.M at Police Station Maduadeeh district Varanasi under Ss. 406, 407, 409, 415, 417 and 420, I.P.C and S. 3/7 of the Essential Commodities Act. The applicant was not named in the said report.
3. The above mentioned first information report discloses the commission of a cognizable offence but does not mention the complicity of the applicant in it. It often happens that a first information report discloses only the commission of a cognizable offence but does not disclose the names of the accused as they are not known at the time when it is lodged.
4. It is only during the investigation of the case registered on the basis of such a report that the complicity of the persons involved in the case is known. The police has statutory powers under S. 156, Cr. P.C to investigate such cases also unfettered by the interference of Courts.
5. For the reasons given by me in Criminal Misc. Application No. 13691 of 1986 (reported in 1987 All LJ 599) Puttan Singh v. State the power of the police to investigate the case registered on the basis of the aforesaid first information report is unfettered and cannot be interfered with by this Court in the exercise of its inherent jurisdiction under S. 482, Cr. P.C The power of the Police to arrest the applicant with respect to a cognizable offence as mentioned in S. 41(1)(a), Cr. P.C cannot also be interfered with by this Court in the exercise of its inherent jurisdiction. Thus even though the applicant is not named in the above mentioned first information report the police has the power to arrest him in connection with the case registered on its basis under S. 41(1)(a), Cr. P.C without any interference by this Court in the exercise of its inherent powers. It may be mentioned that it was held in the case of Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18:
“But, in any case, the receipt and recording of an information report is not a condition precedent to the setting in motion of a criminal investigation. No doubt in the great majority of cases, criminal prosecutions are undertaken as a result of information received and recorded in this way but their Lordships see no reason why the police, if in possession through their own knowledge or by means of credible though informal intelligence which genuinely leads them to the belief that a cognizable offence has been committed, should not of their own motion undertake an investigation into the truth of the matters alleged. Section 157, Criminal P.C, when directing that a police officer, who has reason to suspect from information or otherwise that an offence which he is empowered to investigate under S. 156 has been committed shall proceed to investigate the facts and circumstances, supports this view. In truth the provisions as to an information report (commonly called a first information report) are enacted for other reasons. Its object is to obtain early information of alleged criminal activity, to record the circumstances before there is time for them to be forgotten or embellished, and it has to be remembered that the report can be put in evidence when the informant is examined if it is desired to do so.”
6. I accordingly reject the prayer of the applicant that his arrest may be stayed in Crime No. 294 of 1986 under Ss. 406, 407, 409, 415, 417 and 420, I.P.C and Sec. 3/7 of Essential Commodities Act, Police Station Maduadeeh, district Varanasi during the pendency of this application.
B.L Yadav, J.:— For detailed order see my orders of date delivered in Criminal Misc. Application No. 13691 of 1986 (reported in 1987 All LJ 599) (Puttan Singh v. State of U.P).
ORDER BY THE COURT
8. The prayer of the applicant that his arrest may be stayed in Crime No. 294 of 1986 under Sections 406, 407, 409, 415, 417 and 420, I.P.C and S. 3/7 Essential Commodities Act, P.S Madaudeeh, District Varanasi during the pendency of this application is rejected.
9. order accordingly.