JUDGMENT D.N. Jha, J. - These petitions under Section 482, Cr. P.C. have been filed praying that the Chief Judicial Magistrate, Barabanki, be directed to drop the case against the petitioners and directions may be issued that the petitioners be not arrested. 2. On presentation of the petitions arrest of all the petitioners except Ram Asrey Yadav of Criminal Misc. Case No. 2222 of 1985 was stayed. These petitions purport to be in relation to Crime Case No. 167 of 1985, registered under Sections 467/368/471/420, I.P.C. of P.S. Kotwali, District Barabanki. 3. All these petitions involve similar questions and so they are disposed of by this judgment. The facts so far as relevant are that a report had been lodged by Sri K.P. Yadav, Upper Pariyojna Nideshak, Zila Gram Vikas Abhikaran, Barabanki, against Chandresh Kumar, Rajendra Kumar, Munni Lal, Upendra Kumar, Ram Lakhan, Vikram Singh, Thakur Prasad Singh, Shatruhan Prasad and Ram Asrey Yadav. On the basis of this report a case has been registered, being Crime Case No. 167 of 1985 under Sections 467/468/471/420, I.P.C. In a nutshell the allegation is with respect to embezzlement of money by the co-operative society and various institutions mentioned therein disclosing the amount squandered by these persons in one way or the other associated with the said co-operative society. Embezzlement of money amounting to Rs. 16,280/- in distribution of money to fictitious persons and various institutions has been alleged. 4. The order staying arrest of the petitioners was passed sometime in the early part of 1985. Thereafter these cases are being listed but for some reason or the other they were not being taken up. 5. I have perused the contents of the petitions and I have no hesitation in observing that the very provision of Section 482, Cr. P.C. has been invoked to defeat the purpose of this inherent power of the Court. The section provides unfettered powers in the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any court or otherwise to secure ends of justice. In the working of various societies and distribution of money outright bungling is going on and time and again cases are being brought before the Court.
In the working of various societies and distribution of money outright bungling is going on and time and again cases are being brought before the Court. If, therefore, some officer in his wisdom lodged a report then at least right to continue with the investigation must vest in the authority 'for which provision has been made under the Code of Criminal Procedure. In case after investigation the Investigating Officer comes to the conclusion that there is no case made out, he can submit final report. It would not be proper for this Court to stop the Investigating Officer from making investigation merely by reason of fact that the persons concerned occupied certain important offices. This Court has been flooded with such frivolous petitions for quashing of the F.I.R. merely to secure the objective of stay of arrest of the persons involved in the said crime. It would not be out of place to mention that the Legislature in its wisdom has removed the clause of anticipatory bail so far as the State of Uttar Pradesh is concerned. Therefore, in my opinion, a thing which cannot be achieved directly should not be permitted to be achieved indirectly. The Code of Criminal Procedure makes a provision for admitting a person to bail. If a person is involved in a crime there are two options for him. One is to appear before the Magistrate concerned and get himself bailed out. The other is to wait for the opportunity till the police has completed investigation and if he is arrested lie can get himself bailed out. There is no allegation that police is inimical to any of the persons being prosecuted and was trying to harass them but a reading of the petitions indicates that the only intention is to jeopardise the investigation and defeat the process of law and the petitioners have achieved their object by getting their arrest stayed from the Court. The learned Deputy Government Advocate points out that invariably people are rushing to Court and invoking jurisdiction under Section 482, Cr. P.C. as has been done in these cases to enjoy the benefit of anticipatory bail. Such a procedure is contrary to the spirit of law provided by way of inherent jurisdiction in the High Court.
The learned Deputy Government Advocate points out that invariably people are rushing to Court and invoking jurisdiction under Section 482, Cr. P.C. as has been done in these cases to enjoy the benefit of anticipatory bail. Such a procedure is contrary to the spirit of law provided by way of inherent jurisdiction in the High Court. I have not been able to find anything on the basis of facts averred in the petition that the report is altogether devoid of merit and calls for interference with the investigation. Various instances have been quoted where money is alleged to have been illegally distributed or embezzled. The object and policy of the State are very good but if impediments are put in its implementation the State shall never be able to achieve the object which it intends to give to its people. In my opinion, the embezzlers are the worst enemies of the State and the Court should be extremely reluctant in granting any protection to such parasites that have ingratiated their roots and are undermining the society and the State by filling their own pockets. These persons are causing more damage and it is high time that such offences should not be brushed aside lightly. 6. Thus, keeping in view the interest of the State and in order to see that embezzlers are not let off merely by their being on seats which are associated with certain onerous duties, in my opinion the petitions are devoid of merit and deserve to be dismissed. The petitions are dismissed. The stay orders are vacated.