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2021 Supreme(SC) 1144

M. R. SHAH, B. V. NAGARATHNA
Siddharth Mukesh Bhandari – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Goswami, Adv., Mr. Harshit Tolia, Adv., Mr. P. S. Sudheer, AOR, Ms. Anne Mathew, Adv., Mr. Bharat Sood, Adv., Ms. Shruti Jose, Adv.
For the Respondent: Mr. Satvik Varma, Sr. Adv., Mr. Mahesh Agarwal, Adv., Mr. Ankur Saigal, Adv., Mr. Anirudh Bhatia, Adv., Mr. Rohan Pratap Talwar, Adv., Ms. Ayushi Amod, Adv., Mr. E. C. Agrawala, AOR, Ms. Aastha Mehta, Adv., Ms. Deepanwita Priyanka, AOR, Ms. Prerana Mohapatra, Adv., Ms. Anushree Prashit Kapadia, AOR, Ms. Priyanka Rathi, Adv.

ORDER :

Leave granted.

1. The common question of law and facts arises in this group of appeals were disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned interim order dated 10.10.2019 passed by the High Court of Gujarat at Ahmedabad passed in Special Criminal Application Nos. 9110/2019 to 9112/2019 by which in the petitions under Article 226 of the Constitution of India praying for quashing of the FIRs/Criminal proceedings, the High Court on very first day of hearing of the aforesaid Special Criminal Applications, has passed ex parte interim orders to the effect that there shall not be any coercive steps taken against the private respondents-herein – original petitioners, the original contemnors have preferred the present Appeals.

3. Having heard the learned counsel for the respective parties and the manner in which the High Court has passed the impugned ex parte interim orders of no coercive steps be taken against the original accused cannot be approved and it is unsustainable.

4. The issue whether such an interim order of no coercive seps during the proceedings under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of I

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