S.B. Criminal Misc. Petition No.1030/2010 Smt. Anita Vs. State of Raj. And Anr. Dated : 28.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Abhishik Sharma, for the petitioner. Mr. Paresh Choudhary, PP for the State. *** By way of this Criminal Misc. Petition filed under Section 482 of Cr.P.C., the petitioner has implored to call for the entire record of the case, issue direction to the respondent-Police to arrest the accused named in FIR No.51/2010 and further direct to conduct fair investigation in the case. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the contents of the petition, it is pertinent to record that the powers under Section 482 of Cr.P.C. are required to be exercised sparingly with circumspection and caution, that too, in the rarest of the rare cases, as consistently being held by the Hon'ble Apex Court in plethora of cases. It is also relevant to record that these powers are to be exercised not as a rule, but as an exception. The investigation of a criminal case is the exclusive domain of police and the Courts are not required to interfere with. No such direction can be issued to the Police that any particular -2- accused may be arrested or may not be arrested in a case pending investigation. It is for the Investigating Officer to form an opinion on the basis of evidence/material collected during investigation and thereafter see as to whether the arrest of the accused is to be made. So far as the fair investigation of the case is concerned, the police is required to conduct fair investigation and if the petitioner feels any grievance with the conduct of Investigating Officer, then he can approach the Senior Police Officers of the Department for a fair and unbiased investigation. The instant petition is totally devoid of any substance, which deserves to be dismissed at the threshold and stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg