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2022 Supreme(SC) 1365

M. R. SHAH, B. V. NAGARATHNA
Priyanka Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Mr. Aditya Kr. Choudhary, Advocate, Mr. Arjun Singh, Advocate, Mr. Gurmehar Vaan Singh, Advocate, Ms. Prachi Singh, Advocate, Mr. Rajesh Singh Chauhan, Advocate, For the Appellant / Mr. Ajay Kumar Misra, Sr. Advocate/AAG, Mr. Sarvesh Singh Baghel, Advocate, Ms. Malavika Trivedi, Advocate, Mr. Ashish Ranjan, Advocate, Mr. Bhuwan Raj, Advocate, Mr. Sandeep Srivastava, Advocate, Mrs. Hemlata Srivastava, Advocate, Mr. Abhinav Verma, Advocate, Mr. Anubhav Mehrotra, Advocate, For the Respondent.

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 Se

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