Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.482 – Stay of investigation and/or interim relief while exercising powers u/s.482 CrPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Stay of investigation and/or interim relief while exercising powers u/s.482 CrPC – Private respondents-accused filed Special Criminal Applications u/Art.226 of the Constitution r/w s.482 CrPC for quashing criminal proceedings instituted by petitioner-complainant – Before further investigation, the High Court passed ad-interim order dated 10-10-2019 directing that coercive steps be not taken against private respondents-accused – SLPs against the interim order dated 10-10-2019 – Interim order 10-10-2019 stayed by Supreme Court – SLPs converted into Criminal Appeals whereupon, Supreme Court, after considering the decision in the case of M/s. Neeharika Infrastructure Pvt. Ltd., set aside the interim order 10-10-2019 – Subsequently however, the High Court admitted the special criminal applications, and granted interim relief vide impugned order dated 14-02-2022 staying further criminal proceedings and also staying further investigation – Held: Despite the earlier judgment and order passed by Supreme Court in the very criminal proceedings quashing and setting aside the earlier interim order passed by the High Court, again, the High Court granted the very same interim relief, which can be said to be in teeth of and contrary to earlier judgment and order in the case of M/s. Neeharika Infrastructure Pvt. Ltd. – Grant of stay of investigation and/or any interim relief while exercising powers u/ s.482 CrPC would be only in the rarest of rare cases – Impugned order dated 14-02-2022 passed in the Special Criminal Applications set aside – Investigating Officer to complete investigation and file appropriate report/charge sheet before the concerned Criminal Court having jurisdiction – High Court to consider the special criminal applications in accordance with law and on merits – Constitution of India, 1950 – Art.226 – Interim order. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 788 |
Petitioner | Siddharth Mukesh Bhandari |
Respondent | The State Of Gujarat And Anr. |
SCR | [2022] 6 S.C.R. 853 |
Judgement Date | 2022-08-02 |
Case Number | 1044 |
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