Whether the allegations in themselves are enough to constitute a cognizable offense and give the power of investigation to the police?
Whether the High Court was justified in quashing the FIR and criminal proceedings and acted under the ambit of 226 of the Constitution and sections 482, 154 and 157, and to what extent the orders suffer from legal infirmity?
The exercise of this extraordinary inherent power wasn’t justified and there was a definite constitution of a cognizable offense thereby justifying registration of a case. The stage at which the case was on, it was too soon to decide the relevance and reliability of the facts alleged and no negative inference can be drawn before any investigation and inquiry is carried out. Therefore, it cannot be expected out of police officials to necessarily reply to questions without any investigation being started.