Power of Police to investigate after submission of closure report

Arnab Goswami vs. State of Maharashtra:

Maharashtra High Court has decided to dismiss the Application seeking interim relief of Stay on arrest holding that there is no illegality in arrest and continued investigation after the submission of closure report due to the reasons stated by police, is not illegal. Hence there is no merit in the contention that arrest is illegal. It observed:

Bail in Writ Jurisdiction:

No doubt, regard being had to the parameters of quashing and the self-restraint imposed by law, this court has jurisdiction to quash the investigation and pass appropriate interim orders as thought apposite in law. However, the powers are to be exercised sparingly and that too, in rare and appropriate cases and in extreme circumstances to prevent abuse of process of law.
44. In State of Telangana vs. Habib Abdullah Jeelani & others (supra), their Lordships have observed that the Courts have to ensure such a power under Article 226 of the Constitution of India is not to be exercised liberally so as to convert it into section 438 of Cr.P.C. proceedings.

45. The principle stated therein will equally apply to the exercise of this Court’s power under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure while considering the applications for
bail since the petitioner is already in Judicial custody. The legislature has provided specific remedy under Section 439 Cr.P.C. for applying for regular bail. Having regard to the alternate and efficacious remedy available to the petitioner under section 439 of the Code of Criminal Procedure, this Court has to exercise judicial restraint while entertaining application in the nature of seeking regular bail in a petition filed under Article 226 of the Constitution of India read with section 482 of Code of Criminal Procedure.

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