NDLI: Directorate of Enforcement Vs. Niraj Tyagi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prevention of Money Laundering Act, 2002 (0 of 2002) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s. 482 – Powers of the High Court under – Banking financial institution sanctioned loan facilities to the borrowers, however, the borrowers defaulted – Banking institution auctioned the property and sold the shares of the borrowers for the recovery of its dues – Registration of FIR by the borrowers against the Banking institution and its officers, and investigation by the Enforcement Directorate – Writ petition before the High Court by the officers seeking quashing of FIR and as also consequential proceedings arising therefrom – Orders passed by the High Court staying the investigations of the FIRs and ECIR and restrained the investigating agencies from investigating into the cognizable offences as alleged in the FIRs and the ECIR – Propriety: Held: Inherent powers u/s. 482 do not confer any arbitrary jurisdiction on the High Court to act according to whims or caprice – Statutory power has to be exercised sparingly with circumspection and in the rarest of rare cases – Said order passed in utter disregard of the settled legal position – Without undermining the powers of the High Court u/s. 482 to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly mala fide or malicious, instituted with ulterior motive etc., the High Court could not have stayed the investigations and restrained the investigating agencies from investigating into the cognizable offences as alleged in the FIRs and the ECIR, particularly when the investigations were at a very nascent stage – In a way, by passing such orders of staying the investigations and restraining the investigating agencies from taking any coercive measure against the accused pending the petitions u/s. 482, the High Court granted blanket orders restraining the arrest without the accused applying for the anticipatory bail – Thus, the impugned orders passed by the High Court being not in consonance with the legal position, set aside – Impugned interim orders passed by the High Court qua the accused stands vacated. [Paras 20, 23-25] Judicial discipline – Principle of:Held: Judicial discipline and Judicial comity and demands that higher courts should follow the law – Extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice. [Paras 24, 25]
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2024 INSC 106
Petitioner	Directorate Of Enforcement
Respondent	Niraj Tyagi & Ors.
SCR	[2024] 2 S.C.R. 311
Judgement Date	2024-02-13
Case Number	843

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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