NDLI: Ravuri Krishna Murthy Vs. The State of Telangana and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 – s.482
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s.482 – Blanket order of protection from arrest – Sustainability of – The High Court stayed all the proceedings in a suit OS No. 274 of 2014 and directed the District Collector, to submit report in respect of allegation involving fabrication of the judgment and decree dated 11.11.2014 in the said suit – The District Collector conducted an enquiry and submitted a report to the High Court, stating that the decree as well as the judgment were fabricated and no such decree was passed by the Sub-Divisional Magistrate in OS No. 274 of 2014 on 11.11.2014 – The High Court directed the Sub-Divisional Magistrate to take necessary action on the administrative side – FIR was registered u/ ss. 420, 468 and 471 r/w. 34 IPC – Second and third respondents were served with notices u/s.41A of the Cr.P.C. – This was followed by the proceedings before the High Court for the quashing of the FIR – The High Court dismissed the petition filed by the second and third respondents u/s. 482 Cr.P.C.– While the High Court did not grant relief to the second respondent, it issued a final direction, restraining the arrest of the third respondent – The second respondent was arrested and produced before the Chief Metropolitan Magistrate – Whether the High Court was justified in passing a blanket direction of restraining the police from arresting the third respondent, while at the same time having come to the conclusion that there was no merit in the petition for quashing u/s. 482 – Held: The High Court was justified in declining to exercise its jurisdiction u/s. 482 and, therefore, rejected the application for quashing the proceedings – Equally, there was no basis or justification for directing that the third respondent should not be arrested and that the Investigating Officer must complete the investigation and file a final report u/s.173 Cr.P.C. without arresting the third respondent – Such a direction by the High Court has the effect of impeding the course of the investigation and has no basis or justification in law – A person in the position of the third respondent has remedies available under the Code of Criminal Procedure to protect his liberty by either seeking anticipatory bail u/s. 438 Cr.P.C. or applying for regular bail u/s. 439 – A blanket direction of the nature which was issued by the High Court would completely dislocate the investigation and cause a serious obstruction in the enforcement of criminal justice – The said direction of the High Court is unsustainable in law – The impugned judgment and order of the High Court, insofar as it restrains the Investigating Officer from arresting the third respondent is set aside.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 153
Petitioner	Ravuri Krishna Murthy
Respondent	The State Of Telangana And Others
SCR	[2021] 2 S.C.R. 986
Judgement Date	2021-03-05
Case Number	274 – 275

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