SIDDHARTH MUKESH BHANDARI versus THE STATE OF GUJARAT AND ANR.

Citation: [2022] 6 S.C.R. 853 · Decided: 02-08-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SIDDHARTH MUKESH BHANDARI
v.
THE STATE OF GUJARAT AND ANR.
(Criminal Appeal No. 1044 of 2022)
AUGUST 02, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Code of Criminal Procedure, 1973 – s.482 – Stay of
investigation and/or interim relief while exercising powers u/s.482
CrPC – Private respondents-accused filed Special Criminal
Applications u/Art.226 of the Constitution r/w s.482 CrPC for
quashing criminal proceedings instituted by petitioner-complainant
– Before further investigation, the High Court passed ad-interim
order dated 10-10-2019 directing that coercive steps be not taken
against private respondents-accused – SLPs against the interim
order dated 10-10-2019 – Interim order 10-10-2019 stayed by
Supreme Court – SLPs converted into Criminal Appeals whereupon,
Supreme Court, after considering the decision in the case of
M/s. Neeharika Infrastructure Pvt. Ltd., set aside the interim order
10-10-2019 – Subsequently however, the High Court admitted the
special criminal applications, and granted interim relief vide
impugned order dated 14-02-2022 staying further criminal
proceedings and also staying further investigation – Held: Despite
the earlier judgment and order passed by Supreme Court in the
very criminal proceedings quashing and setting aside the earlier
interim order passed by the High Court, again, the High Court
granted the very same interim relief, which can be said to be in
teeth of and contrary to earlier judgment and order in the case of
M/s. Neeharika Infrastructure Pvt. Ltd. – Grant of stay of
investigation and/or any interim relief while exercising powers
u/ s.482 CrPC would be only in the rarest of rare cases – Impugned
order dated 14-02-2022 passed in the Special Criminal Applications
set aside – Investigating Officer to complete investigation and file
appropriate report/charge sheet before the concerned Criminal
Court having jurisdiction – High Court to consider the special
criminal applications in accordance with law and on merits –
Constitution of India, 1950 – Art.226 – Interim order.
[2022] 6 S.C.R. 853
853
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
Allowing the appeals, the Court
HELD:1. The High Court seriously erred in passing the
impugned interim orders dated 14-2-2022, which can be said to
be in the teeth of earlier judgment and order in the case of
M/s. Neeharika Infrastructure Pvt. Ltd. and even in the Criminal
Appeals (converted from SLPs against interim order dated
10-10-2019 of the High Court.) [Para 5][857-F]
2. 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. What is emphasized by
this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd.
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. [Para 6][857-G; 858-B-C]
3. Despite the earlier judgment and order passed by this
Court in the very criminal proceedings quashing and setting aside
the earlier interim orders dated 10-10-2019 passed by the High
Court, which came to be set aside by this Court, again, the High
Court has granted the very same interim relief, which can be
said to be in teeth of and contrary to earlier judgment and order
in the case of M/s. Neeharika Infrastructure Pvt. Ltd. [Para
7][858-D]
4. The impugned order dated 14.02.2022 passed in
respective Special Criminal Applications is set aside. The
Investigating Officer is directed to complete the investigation at
the earliest and file appropriate report/charge sheet before the
concerned Criminal Court having jurisdiction. The High Court
shall consider the special criminal applications in accordance with
law and on its own merits. It will be open for the respective
accused – original writ petitioners to move appropriate
applications for seeking anticipatory bail. [Para 8][858-F-H]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1044 of 2022.
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From the Judgment and Order dated 14.02.2022 of the High Court
of Gujarat in R/Special Criminal Application No. 9112 of 2019.
With
Criminal Appeal Nos. 1045 and 1046 of 2022.
Harshit Tolia, P. S. Sudheer, Siddharth Ravi Kheskani, Rishi
Maheshwari, Ms. Anne Mathew, Bharat Sood, Ms. Shruti Jose, Advs.
for the Appellant.
K. M. Natraj, ASG, P. S. Patwalia, 

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