On a 5 July, 2006 judgement in Achamma Chacko, W/O.P.V.Chacko vs Government Of Kerala,( WP(C) No. 12775 of 2006(S)) Hounarable Judges of Kerala High court VK Bali, CJ and PR Raman J ruled:
“Surely, the investigating agency will be justified in launching prosecution against the petitioners if the contents in the FIR and other supporting materials may disclose commission of some crime. The police officers would have every right to prevent such crime. This power vests with every police officer under the provisions contained in Section 149 of the Code of criminal Procedure which reads as follows:
"Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence."
If the scheme evolved by the petitioners which of course is their business may result into commission of any cognizable offence, the police investigating the crime can very well prevent it and that can be done only by slapping an order of closure of such business as has been done vide order Ext.P4. ”
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