Despite Our Order, Allahabad & Uttarakhand HCs Keep Passing 'No Coercive Steps' Orders In Quashing Petitions: Supreme Court
In its Neeharika judgement in April, SC had declared that while refusing to quash FIRs, HCs shall not pass an order 'not to arrest' and/or 'no coercive steps'.
The Supreme Court on Monday commented that despite its April judgment in Neeharika Infrastructure v. State of Maharashtra, the High Courts of Allahabad and Uttarakhand, in particular, keep passing 'no coercive steps' orders on quashing pleas even in serious matters.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing an SLP arising out of a July order of the Uttarakhand High...
The Supreme Court on Monday commented that despite its April judgment in Neeharika Infrastructure v. State of Maharashtra, the High Courts of Allahabad and Uttarakhand, in particular, keep passing 'no coercive steps' orders on quashing pleas even in serious matters.
"In a petition for quashing of an FIR alleging the offence under section 302, IPC, the High Court recorded that the petition for quashing is not pressed, but on the grounds that the prayers before it are 'innocuous', the High Court granted time to surrender until August 10, with the further direction for the bail to be decided on the same day"
In its April judgment in Neeharika's case, the Supreme Court bench of Justices Chandrachud, Shah and Sanjeev Khanna had held that High Court while dismissing/disposing of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India., shall not pass order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/charge sheet is filed under Section 173 Cr.P.C.
"We caution the High Courts again against passing such orders of not to arrest or "no coercive steps to be taken" till the investigation is completed and the final report is filed, while not entertaining quashing petitions under Section 482 Cr.P.C. and/or Article 226 of the Constitution of India", the Supreme Court held in the case Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra.