NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS

NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS

Blanket interim orders by High Courts directing that "no coercive measures" be adopted against accused pending quashing petitions under Section 482 Cr.P.C. or Article 226 are impermissible absent exceptional justification; the police have a statutory right and duty to investigate cognizable offences, courts should ordinarily not interfere at the stage of investigation, and where an interim stay of investigation is granted it must be rare, supported by brief reasons demonstrating application of mind and must clarify the meaning and scope of "no coercive steps"; accordingly the impugned cryptic order was quashed.

Parties
Appellant / Complainant: M/S NEEHARIKA INFRASTRUCTURE PVT. LTD.; Respondent: State of Maharashtra; Accused / Respondents: Respondent Nos. 2 to 4
Jurisdiction
India
Judgment Date
13 April 2021
Procedural Posture
Criminal Appeal (criminal Appeal No. 330 of 2021) / Appeal Against Interim Order Dated 28.09.2020 of the High Court of Judicature at Bombay in Writ Petition (st) No. 2306 of 2020 Directing "no Coercive Measures Shall Be Adopted" Pending Quashing Proceedings Under Article 226 R/w Section 482 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Quashing of FIR, Stay of Investigation, Interim Orders, Powers of High Court Under Section 482 Cr.p.c., "no Coercive Steps" Orders, Anticipatory Bail (section 438 Cr.p.c.)
Criminal Procedure Constitutional Law Criminal Law Quashing of FIR Stay of Investigation Interim Orders Powers of High Court Under Section 482 Cr.p.c. "no Coercive Steps" Orders +1 more

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Parties

M/S NEEHARIKA INFRASTRUCTURE PVT. LTD.

Appellant / Complainant

State of Maharashtra

Respondent

Respondent Nos. 2 to 4

Accused / Respondents

Procedural Posture

Criminal Appeal (criminal Appeal No. 330 of 2021) / Appeal Against Interim Order Dated 28.09.2020 of the High Court of Judicature at Bombay in Writ Petition (st) No. 2306 of 2020 Directing "no Coercive Measures Shall Be Adopted" Pending Quashing Proceedings Under Article 226 R/w Section 482 Cr.p.c.

Legal Issues

  1. 1 When can a High Court pass an interim order staying investigation or directing that no coercive steps be taken pending a quashing petition under Section 482 Cr.P.C. or Article 226?
  2. 2 Whether blanket interim orders restraining investigation or arrest without reasons are permissible
  3. 3 What is the scope of police duty/right to investigate cognizable offences and the court's role during investigation

Ratio Decidendi

Blanket interim orders by High Courts directing that "no coercive measures" be adopted against accused pending quashing petitions under Section 482 Cr.P.C. or Article 226 are impermissible absent exceptional justification; the police have a statutory right and duty to investigate cognizable offences, courts should ordinarily not interfere at the stage of investigation, and where an interim stay of investigation is granted it must be rare, supported by brief reasons demonstrating application of mind and must clarify the meaning and scope of "no coercive steps"; accordingly the impugned cryptic order was quashed.

Court Disposition

Appeal allowed

Orders

  • Impugned interim direction in clause (d) of the High Court order dated 28.09.2020 directing that "no coercive measures to be adopted" against respondent nos. 2 to 4 in respect of FIR No. 367/2019 (later C.R. No. 82/2019) is quashed and set aside
  • Criminal Miscellaneous Petition No. 4961 of 2021 closed (petition under Section 340 r/w Section 195(1)(b) Cr.P.C. dismissed/closed)