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2015 Supreme(SC) 113

SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
DIPAK MISRA, ADARSH KUMAR GOEL, JJ.
TEESTA ATUL SETALVAD AND ANR. – Petitioners
VERSUS
STATE OF GUJARAT – Respondents
Petition(s) for Special Leave to Appeal (Crl.) D No.5077/2015 (Arising out of impugned final judgment and order dated 12/02/2015 in CRLMA No. 4677/2014 passed by the High Court of Gujarat at Ahmedabad)
Decided On : 19-02-2015

The court granted leave to appeal and provided interim protection to the appellants by directing that they shall not be arrested in connection with the specified First Information Report (FIR).

Headnote:(A) Criminal Procedure - Special Leave to Appeal - Interim protection from arrest - Leave granted - Direction that appellants shall not be arrested in connection with a specific FIR.

Facts of the case:
Petitioners filed a petition for special leave to appeal against a final judgment and order passed by the High Court. During the proceedings, intervention applications were withdrawn by the respective parties.

Findings of Court:
The court granted leave to appeal and ordered that, as an interim measure, the appellants shall not be arrested in connection with the relevant FIR.

Issues: Whether interim protection from arrest should be granted to the appellants pending the matter.

Ratio Decidendi: Upon granting leave to appeal, the court exercised its discretion to provide an interim measure protecting the appellants from arrest in the specified FIR.

Result: Interim protection granted; appellants shall not be arrested in connection with the FIR.

Legal Category Hierarchy

  • practice and procedure
    • criminal procedure
      • interim orders
      • arrest

ORDER

Heard Mr. Kapil Sibal, learned senior counsel, assisted by Ms. Aparna Bhat, learned counsel for the appellants and Mr. Mahesh Jethmalani, learned senior counsel, along with Mr. Prakash Jani, learned senior counsel for the respondent-State.

Dr. Rajeev Dhawan, Mr. Dushayant Dave, Mr. Huzefa Ahmadi, learned senior counsel and Mr. Bharat Sangal, learned counsel, appearing for the intervenors, thought it appropriate to withdraw the intervention applications with liberty to agitate their grievance when the occasion arises.

The intervention applications are permitted to be withdrawn.

Leave granted.

Hearing concluded.

As an interim measure, it is directed that the appellants shall not be arrested in connection with F.I.R. being C.R. No.1 of 2014, registered with D.C.P., Crime Branch, Ahmedabad, Gujarat.

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