Blanket Order Of Protection From Arrest Cannot Be Passed By High Court While Dismissing A Petition U/s 482 CrPC: Supreme Court
The Supreme Court observed that a blanket order of protection from arrest cannot be passed by the High Court while dismissing a petition filed under Section 482 of Code of Criminal Procedure seeking quashing of FIR. The issue raised in this appeal was whether the High Court of Andhra Pradesh was justified in passing a blanket direction restraining the police from arresting the accused while at the same time having come to the conclusion that there was no merit in the petition for quashing under Section 482. In this case, the High Court, while dismissing the petition seeking to quash FIR, proceeded to issue a blanket restraint against the arrest of the accused by directing that the police would complete the investigation and file a final report in accordance with law. The allegation against the accused duo (who were advocate and client) was that they colluded to fabricate a sale deed in respect of the property and that the records in a suit were tampered with by fabricating an ex-parte judgment and decree.