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3.8 It is submitted that in a case the accused against whom the FIR is lodged is apprehending arrest, a remedy is available to him to file the anticipatory bail application under Section 438 Cr.P.C. It is submitted that even when the anticipatory bail application under Section 438 is filed, the same can be granted within the parameters of Section 438 Cr.P.C. and the conditions of the said provision are satisfied. It is submitted that, however, such a blanket order of no coercive steps without imposing any condition whatsoever and without satisfaction of the conditions of Section 438 Cr.P.C. is not permissible at all. 3.9 It is further submitted that, as such, by passing such a blanket order of “no coercive steps to be taken”, even the valuable right of the investigating agency/police to investigate the FIR will be affected. 3.10 It is submitted that assuming that the High Court has jurisdiction to pass an interim order in a given case, regard being had to the parameters of quashing, in that case also, such interim orders cannot be passed mechanically and/or without assigning any reasons. It is submitted that while granting such a protection, even the High Court has to give some brief reasons why stay of investigation and/or such an order of “no coercive steps” is warranted. It is submitted that there must be a reflection of application of mind to the facts of the case; allegations in the FIR and what has come out in the investigation. It is submitted that, as such, when the investigation is in progress at the threshold, it is not appropriate to stay the investigation of the case. It is submitted that only in an exceptional case and rarest of rare case, the powers to quash the FIR are required to be exercised sparingly and with circumspection. It is submitted that the same parameters which shall be applicable while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India to quash the FIR/investigation shall be applicable while passing an appropriate interim order. 3.11 Shri Vishwanathan, learned Senior Advocate appearing on behalf of the appellant has relied upon the following decisions on when a High Court can grant a stay of investigation or “no coercive measures order” in exercise of its powers under Section 482 Cr.P.C./under Article 226 of the Constitution of India and in support of his submissions that (1) inherent powers do not confer an arbitrary jurisdiction on the High Court to act according to whim or caprice and the statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases; (2) power of the police to investigate into a cognizable offence is ordinarily not to be interfered with by the judiciary; (3) save in exceptional case where non-interference would result in miscarriage of Justice, the Court and the judicial process should not interfere at the stage of investigation of offences; (4) in case a police officer transgresses the circumscribed limits and improperly and illegally exercises his powers in relation to the process of investigation, then the Court has the necessary powers to consider the nature and extent of the breach and pass appropriate orders; (5) the High Court being the highest Court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court; (6) the High Court has no inherent powers to interfere with the investigation, unless it is found that the allegations do not disclose the commission of a cognizable offence or the power of investigation is being exercised by the police malafidely; (7) the High Court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases and should not stall the investigation and/or prosecution except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of an offence or that the allegations contained in the FIR do not constitute any cognizable offence or that the prosecution is barred by law or the High Court is convinced that it is necessary to interfere to prevent abuse of the process of the Court. In support of his above submissions, learned Senior Advocate has relied upon the following decisions, namely, King- Emperor v. Khwaja Nazir Ahmad AIR 1945 PC 18; R.P. Kapur v. State of Punjab AIR 1960 SC 866; Kurukshetra University v. State of Haryana (1977) 4 SCC 451; State of A.P. v. Golconda Linga Swamy (2004) 6 SCC 522; Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque (2005) 1 SCC 122; Sanapareday Maheedhar Seshagiri v. State of Andhra Pradesh (2007) 13 SCC 165; State of Andhra Pradesh v. Bajjoori Kanthaiah (2009)1 SCC 114; State of Maharashtra v. Arun Gulab Gawali (2010) 9 SCC 701; and State of Orissa v. Ujjal Kumar Burdhan (2012) 4 SCC 547.

3.16 It is further submitted that in many of the cases it is seen that the High Court while not entertaining the quashing petitions under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India and while dismissing such petitions, still grants interim protection/protection of not to arrest for a particular period or even till the report is filed under Section 173 Cr.P.C. It is submitted that the aforesaid is absolutely impermissible and such an order of not to arrest for a particular period can be said to be beyond the scope and ambit of Section 482 Cr.P.C. Once the quashing petition is dismissed, the accused may avail the remedy of approaching the trial Court and/or the concerned Court for anticipatory bail under Section 438 Cr.P.C and the same can be considered while imposing the conditions and/or having been satisfied that the conditions of grant of anticipatory bail are satisfied. It is submitted that in a given case the immediate custodial investigation is warranted and in view of such a blanket order of not to arrest, will take away the right of the investigating agency/police to investigate into the allegations in the FIR. It is submitted that as held by this Court in catena of decisions and even as per the provisions of the Cr.P.C., the police/investigating officer has the statutory obligation to investigate into the allegations in the FIR and to find out the truth. It is submitted that therefore such a protection while dismissing the petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India is not sustainable and is wholly impermissible. It is submitted that despite such orders have been criticized by this Court in the case of Habib Abdullah Jeelani (supra), still the High Courts are passing such orders, disregarding the law laid down by this Court.

The aforesaid is required to be considered from another angle also. Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law. Where the investigation is stayed for a long time, even if the stay is ultimately vacated, the subsequent investigation may not be very fruitful for the simple reason that the evidence may no longer be available. Therefore, in case, the accused named in the FIR/complaint apprehends his arrest, he has a remedy to apply for anticipatory bail under Section 438 Cr.P.C. and on the conditions of grant of anticipatory bail under Section 438 Cr.P.C being satisfied, he may be released on anticipatory bail by the competent court. Therefore, it cannot be said that the accused is remediless. It cannot be disputed that the anticipatory bail under Section 438 Cr.P.C. can be granted on the conditions prescribed under Section 438 Cr.P.C. are satisfied. At the same time, it is to be noted that arrest is not a must whenever an FIR of a cognizable offence is lodged. Still in case a person is apprehending his arrest in connection with an FIR disclosing cognizable offence, as observed hereinabove, he has a remedy to apply for anticipatory bail under Section 438 Cr.P.C. As observed by this Court in the case of Hema Mishra v. State of Uttar Pradesh, (2014) 4 SCC 453, though the High Courts have very wide powers under Article 226, the powers under Article 226 of the Constitution of India are to be exercised to prevent miscarriage of justice and to prevent abuse of process of law by the authorities indiscriminately making pre-arrest of the accused persons. It is further observed that in entertaining such a petition under Article 226, the High Court is supposed to balance the two interests. On the one hand, the Court is to ensure that such a power under Article 226 is not to be exercised liberally so as to convert it into Section 438 Cr.P.C. proceedings. It is further observed that on the other hand whenever the High Court finds that in a given case if the protection against pre-arrest is not given, it would amount to gross miscarriage of justice and no case, at all, is made for arrest pending trial, the High Court would be free to grant the relief in the nature of anticipatory bail in exercise of its powers under Article 226 of the Constitution of India, keeping in mind that this power has to be exercised sparingly in those cases where it is absolutely warranted and justified. However, such a blanket interim order of not to arrest or “no coercive steps” cannot be passed mechanically and in a routine manner.

17. So far as the order of not to arrest and/or “no coercive steps” till the final report/chargesheet is filed and/or during the course of investigation or not to arrest till the investigation is completed, passed while dismissing the quashing petitions under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India and having opined that no case is made out to quash the FIR/complaint is concerned, the same is wholly impermissible.

18. This Court in the case of Habib Abdullah Jeelani (supra), as such, deprecated such practice/orders passed by the High Courts, directing police not to arrest, even while declining to interfere with the quashing petition in exercise of powers under Section 482 Cr.P.C. In the aforesaid case before this Court, the High Court dismissed the petition filed under Section 482 Cr.P.C. for quashing the FIR. However, while dismissing the quashing petition, the High Court directed the police not to arrest the petitioners during the pendency of the investigation. While setting aside such order, it is observed by this Court that such direction amounts to an order under Section 438 Cr.P.C., albeit without satisfaction of the conditions of the said provision and the same is legally unacceptable. In the aforesaid decision, it is specifically observed and held by this Court that “it is absolutely inconceivable and unthinkable to pass an order directing the police not to arrest till the investigation is completed while declining to interfere or expressing opinion that it is not appropriate to stay the investigation”. It is further observed that this kind of order is really inappropriate and unseemly and it has no sanction in law. It is further observed that the courts should oust and obstruct unscrupulous litigants from invoking the inherent jurisdiction of the Court on the drop of a hat to file an application for quashing of launching an FIR or investigation and then seek relief by an interim order. It is further observed that it is the obligation of the court to keep such unprincipled and unethical litigants at bay.