Writ restraint at investigation stage justifies interim protection where mala fides or abuse of process are prima facie shown.

Writ jurisdiction under Article 226 should be exercised with restraint at the investigation stage, particularly where disputed facts remain unresolved and police investigation is ordinarily within the executive domain. The court should not normally control the manner of investigation or substitute its own procedure, but interference may be justified where there is prima facie illegality, abuse of process, or material indicating mala fides. On the facts noted, prior hostility, an earlier final report, a changed prosecutorial view, and the minor nature of the alleged breach supported interim protection, and the petitioner's arrest was stayed pending further affidavits and consideration.

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Issues: Whether, in exercise of writ jurisdiction under Article 226 of the Constitution of India, the Court should interfere at the stage of investigation by restraining arrest in a criminal case and grant interim protection to the petitioner.

Analysis: The order reaffirms that writ jurisdiction is to be exercised with restraint, especially where investigation is still in progress and disputed questions of fact remain unresolved. It notes that police investigation is ordinarily within the executive domain and that courts should not ordinarily control the manner of investigation or substitute their own procedure for that prescribed by law. At the same time, the order recognizes that interference may be warranted where there is prima facie illegality, abuse of process, or material suggesting mala fides, and it observes that the allegations of prior hostility, the earlier final report, the change of prosecutorial opinion, and the minor nature of the alleged breach provided some basis for interim protection.

Conclusion: Interim relief was granted and the petitioner's arrest was stayed pending filing of affidavits and further consideration.

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