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. Allowing the appeals, the Court
HELD:1. The High Court seriously erred in passing the impugned interim orders dated 14-2-2022, which can be said to be in the teeth of earlier judgment and order in the case of M/s. Neeharika Infrastructure Pvt. Ltd. and even in the Criminal Appeals (converted from SLPs against interim order dated 10-10-2019 of the High Court.) [Para 5][857-F]
2. The High Court has not properly appreciated the principles and the law laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. What is emphasized by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. is that grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases. This Court has also emphasized the right of the Investigating Officer to investigate the criminal proceedings. [Para 6][857-G; 858-B-C]
3. Despite the earlier judgment and order passed by this Court in the very criminal proceedings quashing and setting aside the earlier interim orders dated 10-10-2019 passed by the High Court, which came to be set aside by this Court, again, the High Court has 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. [Para 7][858-D]
4. The impugned order dated 14.02.2022 passed in respective Special Criminal Applications is set aside. The Investigating Officer is directed to complete the investigation at the earliest and file appropriate report/charge sheet before the concerned Criminal Court having jurisdiction. The High Court shall consider the special criminal applications in accordance with law and on its own merits. It will be open for the respective accused – original writ petitioners to move appropriate applications for seeking anticipatory bail. [Para 8][858-F-H]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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