In our view, prima facie, the FIR discloses the commission of offence and from the allegations which are made in the FIR, it is difficult for us to come to a conclusion that the offences punishable under section 392 and 332 are not made out since the complaint is lodged under section 34 of the Indian Penal Code. It is quite settled position in law that this Court while exercising writ jurisdiction under Article 226 of the Constitution of India could not interfere with the right of the police to investigate the cognizable offence. The Petitioner's application for anticipatory bail was rejected by the Sessions Court, High Court and also by the Supreme Court and the Petitioner has not surrendered before the police. Taking into consideration the facts of the case, we are not inclined to entertain this petition. Hence, writ petition is dismissed. All the contentions raised by the Petitioner in this petition are kept open. Liberty, however, is granted to the Petitioner to apply for discharge, in the event charge-sheet is filed. Since investigation is not yet completed, at this stage, it cannot be said the FIR would merge in filing of the charge-sheet. Writ petition is disposed of accordingly.
