VidhiSangh

Supreme Court of India · 02/08/2022

SIDDHARTH MUKESH BHANDARI versus THE STATE OF GUJARAT AND ANR.

[2022] 6 S.C.R. 853 · 2022 INSC 788

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In earlier appeals in the same criminal proceedings, the Supreme Court had set aside the Gujarat High Court's ex parte orders of no coercive steps, relying on Neeharika Infrastructure. On admitting the accused persons' quashing petitions, the High Court again granted interim relief and stayed further proceedings and investigation. The complainant appealed. Counsel for the accused asked the Court not to give detailed reasons. The Court held that the fresh interim orders were contrary to Neeharika and its own earlier judgment: a stay of investigation under Section 482 CrPC can be granted only in the rarest of rare cases, and the investigating agency has a right to investigate. The orders were set aside, and investigation was directed to be completed within about three months. The accused remained free to seek anticipatory bail.

Issues

  1. Whether the High Court could stay further investigation and criminal proceedings as interim relief while admitting petitions to quash under Article 226 and Section 482 CrPC, after the Supreme Court had set aside earlier similar interim orders in the same case.

Provisions considered

Held

Result

Appeals allowed. The High Court's interim orders of 14.02.2022 were set aside, with no interim relief while the quashing petitions are pending. Investigation is to be completed preferably within three months, and the accused may seek anticipatory bail.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 853.