Back
SUPREME COURT OF INDIA
D.Y. Chandrachud, A.S. Bopanna, JJ.
Narinder Singh – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Criminal) No(s). 289 of 2022
Decided On : 08-08-2022
Order - Stay of Proceedings - Investigation Continuation
Fact of the Case:
The court issued an order for the continuation of the investigation in one FIR while staying further proceedings in other FIRs related to the same subject matter. It also directed that no coercive steps be taken against the petitioner based on the FIRs mentioned.
Finding of the Court:
The court ordered the continuation of the investigation in one FIR while staying further proceedings in other FIRs and preventing coercive steps against the petitioner based on the mentioned FIRs.
Issues: Stay of proceedings, continuation of investigation, prevention of coercive steps
Ratio Decidendi: The court balanced the need for investigation with the protection of the petitioner from coercive steps, leading to the order for the continuation of the investigation in one FIR and the stay of proceedings in other related FIRs.
Final Decision: The court ordered the continuation of the investigation in one FIR while staying further proceedings in other FIRs and preventing coercive steps against the petitioner based on the mentioned FIRs.
ORDER
1. Issue notice.
2. Tag with Writ Petition (Crl) No 257 of 2022. Pending further orders:
(i) The investigation in respect of FIR No 153 registered on 2 July 2022 at PS Banipark, District Jaipur (West), Rajasthan may continue;
(ii) There shall be a stay of further proceedings in pursuance of FIR No 415 registered at PS Civil Lines, District Raipur, Chhattisgarh on 3 July 2022, FIR No 273 of 2022 registered at PS Noida Sector 20 on 5 July 2022 and in respect of all other FIRs dealing with the same subject matter; and
(iii) No coercive steps shall be taken against the petitioner on the basis of FIR No 153 dated 2 July 2022, registered at PS Banipark, Jaipur (West); FIR No 415 dated 3 July 2022 registered at PS Civil Lines, District Raipur, FIR No 273 of 2022 dated 5 July 2022 registered at PS Noida Sector 20 and in respect of all other FIRs which have been filed or which may be filed in future in respect of the same subject matter.
The court has the authority to balance the need for investigation with the protection of the petitioner from coercive steps, and can issue orders to ensure a fair process.
A Police Officer making investigation may require attendance of “any person being within the limits of his own or any adjoining station ”, thereby, clearly and unequivocally setting limits to the jur....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
