In Brief
The Supreme Court set aside a High Court order that restrained police from arresting accused persons while declining to quash an FIR for offences under IPC Sections 147, 148, 149, and 307. The Court held that such restraint, though framed as inherent jurisdiction, amounts to conferring anticipatory bail without satisfying Section 438 CrPC's statutory conditions. This is legally impermissible. The Court reiterated that inherent powers under Section 482 CrPC must be exercised sparingly and only when allegations do not disclose cognizable offences or are inherently improbable. When declining to quash, no collateral benefit of arrest-restraint can be granted. The investigation was directed to proceed lawfully.
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