Such order has no sanction in Law, said SC.
Supreme Court has ruled that no High Court should protect an accused from the arrest while rejecting his petition for quashing of First Information Report (FIR).
Apex Court Bench comprising of Justice Dipak Misra and Justice Amitava Roy took serious objection to an order which was passed by Telengana High Court, which ordered Police not to arrest Mr. Habib Abdullah Jeelani, even while rejecting his plea, for quashing of criminal case arising from assaulting a person with the dangerous weapons.
Justice Misra expounded that, “It is absolutely inconceivable and unthinkable to pass an order of present nature while declining to interfere or expressing the opinion that it is not appropriate to stay investigation. This kind of order is really inappropriate. It has absolutely no sanction in law.”
Supreme Court further enunciated that, “Courts should oust and obstruct unscrupulous litigants from invoking inherent jurisdiction of court on the drop of a hat to file an application for quashing of FIR or investigation and then seek relief by an interim order”.