Case Note & Summary
The case involved appeals filed by the original complainant against interim orders passed by the High Court of Gujarat, which stayed further criminal proceedings and investigations against the respondents-accused. The interim orders were issued in response to Special Criminal Applications filed under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure (Cr.P.C.). The Supreme Court noted that the High Court had previously issued an ex-parte ad-interim order on 10.10.2019, which was later stayed by the Supreme Court on 09.12.2019. Despite this, the High Court again granted interim relief in 2022, prompting the complainant to appeal. The Supreme Court found that the High Court had not properly considered its earlier judgment in M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, which established that stays of investigation should be rare and that the Investigating Officer has the right to proceed with investigations. The Court quashed the High Court's interim orders, directed the Investigating Officer to complete the investigation within three months, and allowed the appeals, emphasizing that the High Court should consider the special criminal applications on their merits without interim relief.
Headnote
A) Criminal Procedure - Interim Relief - Stay of Investigation - Code of Criminal Procedure, 1973, Section 482 - The High Court granted interim relief staying further investigation in criminal proceedings, which was contrary to the Supreme Court's earlier judgment emphasizing that such stays should be rare. The Supreme Court quashed the interim orders and directed the Investigating Officer to complete the investigation within three months (Paras 5-8).
Issue of Consideration
Whether the High Court erred in granting interim relief and staying further criminal proceedings against the respondents-accused.
Final Decision
The Supreme Court quashed the interim orders passed by the High Court, directed the Investigating Officer to complete the investigation within three months, and allowed the appeals.
Law Points
- Interim relief
- stay of investigation
- Article 226
- Section 482 Cr.P.C.
- anticipatory bail
