The Supreme Court of India has directed that no high court should stop the arrest of an accused while rejecting his/her petition for quashing of the First Information Report (FIR).
The ruling came while considering an order passed by the Telangana High Court, which asked the police to stop the arrest of Habib Abdullah Jeelani, who had filed a plea against the criminal charges levelled against him for assaulting a person with lethal weapons, reports The Times of India.
The ruling was given by a bench of Justices led by Dipak Misra and Amitava Roy.
Taking serious objection to the order passed by the high court, Justice Dipak Mishra said,"It is absolutely inconceivable and unthinkable to pass an order of the present nature while declining to interfere or expressing opinion that it is not appropriate to stay the investigation. This kind of order is really inappropriate and unseemly. It has no sanction in law."
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Advising the court to not go beyond the law and decisions of the apex court, the Supreme Court said,"It is the duty of a judge to sustain the judicial balance and not to think of an order which can cause trauma to the process of adjudication," the report adds.
Setting aside the Telangana high court's decision, the apex court directed that the case should be taken forward with the investigation into the criminal case in accordance with law.
