CWP No.1592 of 2008. 8.9.2008. Present: Mr. Ashwani Pathak, Advocate, for the petitioner. Mr. R.K.Bawa, Advocate General, with Mr. J.K.Verma, Dy. Advocate General for respondents No.1 to 3. Mr. Sandeep Sharma, Assistant Solicitor General of India, for respondent No.4. The learned counsel for the petitioner submits that the husband of the petitioner was abducted on 3rd July, 2008. Thereafter, FIR was lodged and his body was found in a lake on 29th July, 2008. The learned counsel for the petitioner further submits that the husband of the petitioner had given lot of money on loan to various persons and having business terms with influential persons and there was bitterness and hostility with some of them. However, the learned counsel for the petitioner could not substantiate the hostility because there is nothing on record to show that there was hostility between the petitioner’s husband and his friends, business partners etc. Inspite of this, it will not affect the proceedings of this writ petition. However, the learned counsel for the petitioner, who has prayed that CBI enquiry be made has not made out any case wherein this Court shall exercise extra-ordinary jurisdiction on the ground referred hereinabove to direct for the CBI enquiry at this stage. It is submitted by the learned Advocate General that the investigation is in progress. It has also been admitted on behalf of the petitioner as well that the statement under Section 161 of the Code of Criminal Procedure has already been recorded. We hope and trust that the Investigating Agency without any influence shall enquire into the matter freely and submit report under Section 173 of the Code of Criminal Procedure expeditiously. The learned counsel for the petitioner insists that till date no one has been arrested. The law on arrest is very clear. Unless the Investigating Agency finds prima facie evidence to arrest someone, only then the Agency has a right to arrest the accused. In light of the above, the writ petition is dismissed and so also the pending application. (Jagdish Bhalla), C.J. 8th September, 2008. (Kuldip Singh), J. (tr)