Section 482 CrPC - Interim Reliefs/Stay Of Investigation Can Be Granted Only In The Rarest Of Rare Cases : Supreme Court

The Supreme Court reiterated that a High Court while exercising powers under Section 482 CrPC, can grant stay of investigation or any other interim relief only in the rarest of rare cases. 

The bench observed thus while setting aside orders passed by Gujarat High Court while considering petitions filed under Section 482 CrPC read with Article 226 of the Constitution granting interim reliefs staying further criminal proceedings and resultantly staying further investigation. 

The bench noted that in the very criminal proceedings, it had quashed and set aside the earlier interim orders passed by the High Court.

"Despite the earlier judgment and order passed by this Court in the very criminal proceedings quashing and setting aside the earlier interim orders passed by the High Court, which came to be set aside by this Court, again, the learned Single Judge has granted the very same interim relief, which as observed hereinabove, can be said to be in teeth of and contrary to our earlier judgment and order in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra). We are not observing anything further as the learned Senior Advocates appearing on behalf of the original writ petitioners – accused have prayed not to pass any further reasoned order", the court observed.

The bench referring to the decision in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Ors., AIR 2021 SC 1918, observed thus:

"It appears that the learned Single Judge seems to be of the opinion that after giving reasons, the High Court can grant an interim stay of further investigation in a petition seeking quashing of the criminal complaint filed under Article 226 of the Constitution read with Section 482 Cr.P.C. The High Court has not properly appreciated the principles and the law laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra). What is emphasized by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra) is that grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases. This Court has also emphasized the right of the Investigating Officer to investigate the criminal proceedings."

Case details

Siddharth Mukesh Bhandari vs State of Gujarat 2022 LiveLaw (SC) 653 | CrA 1044-1046 of 2022 | 2 August 2022 | Justices MR Shah and BV Nagarathna

Headnotes

Code of Criminal Procedure, 1973 ; Section 482 - Grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases - Referred to Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra  AIR 2021 SC 191. (Para 6)

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