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2025 Supreme(SC) 998
SUPREME COURT OF INDIA
Ujjal Bhuyan, K. Vinod Chandran, JJ.
Rajinder Singh – Appellant
Versus
The State Of Punjab – Respondent
Criminal Appeal No.______ of 2025 @ Special Leave Petition (Criminal) No.2700 of 2025
Decided On : 25-06-2025
For the Petitioner: Ms. Neha Malik, AOR
For the Respondent: Mr. Karan Sharma, AOR, Mr. Mohit Siwach, Adv., Mr. Nikhil Chopra, Adv., Mr. Anand Shankar, AOR
The court ruled that interim protection from coercive action is permissible when the appellant cooperates with the investigation, ensuring adherence to the procedural rights established under the Criminal Procedure Code.
Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Grant of interim relief - Interim order not to take coercive action against the petitioner affirmed pending cooperation with investigation - The appellant joined the investigation following the court's order. (Paras 3-5)
Facts of the case:
The appellant sought protection from coercive action while cooperating with the ongoing investigation stemming from the charges laid by the State.
Findings of Court:
The interim order protecting the appellant from coercive action was made absolute pending continued cooperation with the investigation.
Issues: The main issue concerned the legality of coercive action against the appellant while they were cooperating with the investigation.
Ratio Decidendi: The court held that interim protection should be extended as long as the appellant remains cooperative in the investigation process.
Result: Criminal Appeal disposed of accordingly.
| Table of Content |
|---|
| 1. hearing of the case and interim order issued. (Para 1 , 2) |
| 2. appellant's cooperation with investigation noted. (Para 3 , 4) |
| 3. concluding order affirming interim decision. (Para 5 , 6 , 7) |
ORDER :
1. Leave granted.
2. Heard learned counsel for the parties.
3. On 24.02.2025, this Court while issuing notice passed the following order:
“Issue notice, returnable on 07.04.2025.
2. In the meantime, no coercive action shall be taken against the petitioner, subject to his co operating with the investigation/trial.”
4. Thereafter, counter-affidavit has been filed by the respondent – State. In paragraph No.8 of the counter-affidavit, it is stated that following the order passed by this Court, appellant had joined investigation on 27.02.2025.
5. In view thereof, we make the interim order dated 24.02.2025 absolute subject to appellant continuing cooperating with the investigation.
6. Criminal Appeal is disposed of accordingly.
7. Pending application(s), if any, shall also stand disposed of.
