Back
SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
Priyanka Yadav – Appellant
Versus
The State of Uttar Pradesh & Ors. – Respondents
Criminal Appeal No. 292 of 2022 (Arising Out of SLP (Crl.) No. 3579 of 2020)
Decided On : 28-02-2022
Section 482 Cr.P.C. - Quashing of FIR - No Arrest Order - High Court's Power - Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Ors., 2021 SCC OnLine SC 315
Fact of the Case:
The appellant appealed against the High Court's order refusing to quash the criminal proceedings but directing that the accused shall not be arrested until the submission of the final report.
Finding of the Court:
The Court disapproved the practice of High Courts passing orders for no arrest or no coercive action till the final report is filed, despite refusing to quash the criminal proceedings.
Issues: The issue was whether the High Court's order directing no arrest until the submission of the final report was valid under Section 482 Cr.P.C.
Ratio Decidendi: The Court held that such orders passed by the High Courts were disapproved and set aside, emphasizing that the refusal to quash the criminal proceedings did not warrant a no arrest order.
Final Decision: The present appeal was allowed, and the High Court's order directing no arrest until the submission of the final report was quashed and set aside.
ORDER
1. Leave granted.
2. We have heard Mr. Aditya Kr. Choudhary, learned Counsel appearing on behalf of the appellant, Mr. Ajay Kumar Mishra, learned AAG/Sr.Adv. appearing on behalf of the respondent-State of Uttar Pradesh and Mr. Bhuwan Raj, learned counsel appearing on behalf of the respondent(s)-accused.
3. Feeling aggrieved and dissatisfied with the impugned order passed by the High Court of Judicature at Allahabad in Criminal Misc. Writ Petition No. 5614/2020 by which in the petition under Article 226 of the Constitution of India praying for stay of arrest/quashing of the FIR, the High Court, while refusing to quash the criminal proceedings, in exercise of powers under Section 482 Cr.P.C., has passed an order that the private respondents herein -original accused shall not be arrested till the submission of the final report.
4. In the case of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Ors., 2021 SCC OnLine SC 315, this Court has disapproved such practice and such orders passed by the High Courts of no arrest or no coercive action till the final report is filed, despite the High Court has refused to quash the criminal proceedings in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India.
5. In that view of the matter, the present Appeal is allowed. The impugned order passed by the High Court in so far as observing that the respondents herein shall not be arrested until the submission of the final report is hereby quashed and set aside.
6. The present appeal is allowed to the aforesaid extent.
The legal principle established is that the High Courts' power under Section 482 Cr.P.C. does not extend to granting no arrest orders when refusing to quash criminal proceedings.
The automatic vacation of stay orders is invalid if trials have not concluded, reaffirming litigants' substantive rights.
The High Court must address the merits of a writ petition rather than dismissing it based on procedural developments such as arrest.
(1) Power of quashing should be exercised sparingly with circumspection. While examining an FIR/complaint, quashing of which is sought, court cannot embark upon an enquiry as to reliability or genuin....
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
