VidhiSangh

Supreme Court of India · 31/08/2021

SALIMBHAI HAMIDBHAI MEMON versus NITESHKUMAR MAGANBHAI PATEL & ANR.

[2021] 8 S.C.R. 281 · 2021 INSC 430

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Summary

The Court set aside interim protection from arrest granted in a pending petition to quash an FIR alleging serious document forgery in a partnership dispute. Unrecorded oral directions could not substitute for an enforceable judicial order. The later written order merely sought to balance the parties without addressing the allegations or explaining why arrest protection was justified. Brief reasons reflecting the applicable quashing principles were necessary. The complainant’s appeal was allowed, while the High Court remained free to decide the pending quashing petition.

Issues

  1. Whether oral directions could restrain arrest without a written judicial order.
  2. What reasons were required for interim arrest protection in a pending FIR-quashing petition.

Provisions considered

Held

Result

Appeal allowed; interim arrest-protection order set aside; pending quashing petition left for determination by the High Court.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 281.