Inherent powers cannot be used to block arrest during investigation when that would amount to indirect anticipatory bail.

While declining to quash an FIR or investigation, a High Court cannot use inherent powers to restrain arrest during investigation, because such a direction amounts in substance to anticipatory bail without satisfying the statutory conditions. Section 482 CrPC is limited to preventing abuse of process or securing the ends of justice and does not authorise interference with a lawful investigation or confer arrest protection through an indirect route. The restraint order was therefore unsustainable in law, the appeal succeeded, and the investigation was directed to continue according to law.

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Issues: Whether the High Court, while declining to quash an FIR or investigation under its inherent jurisdiction, can restrain the investigating agency from arresting the accused during investigation.

Analysis: The power under Section 482 of the Code of Criminal Procedure is to be exercised sparingly and only to prevent abuse of process or to secure the ends of justice. Once an FIR discloses a cognizable offence and investigation is lawfully in progress, the police are entitled to investigate without judicial interference in matters within their province. A direction preventing arrest, when no application for anticipatory bail is before the Court and the conditions of Section 438 are not satisfied, in substance confers anticipatory-bail protection by an impermissible route. Such an order is neither supported by Section 482 nor by the power to quash the FIR or investigation.

Conclusion: The High Court could not, while refusing to quash the FIR and investigation, issue a blanket restraint on arrest. The direction was unsustainable in law.

Final Conclusion: The appeal succeeded and the impugned order was set aside, with the investigation directed to continue in accordance with law.

Ratio Decidendi: A High Court cannot, in exercise of inherent jurisdiction while declining to quash an FIR, grant what is in substance anticipatory bail by restraining arrest during investigation; such protection must conform to the statutory scheme governing arrest and anticipatory bail.

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