AI Overview...
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Stay of Arrest - The courts have issued orders to stay the arrest of Niharika (Gudiya) and other petitioners during ongoing proceedings, until specific conditions such as age determination, security deposits, or final disposal of cases are met Niharika Urf Gudiya VS State of U. P. - Allahabad, Md. Taher Ahmed Barbhuiya VS State of Assam - Gauhati, Khehoshe Chishi VS State of Nagaland - Gauhati, Sanjeev Rai VS State Of Madhya Pradesh - Madhya Pradesh.
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Legal Principles for Arrest Stay - According to Supreme Court rulings, including the Niharika Infrastructure case, courts should refrain from granting interim orders of non-arrest during investigation when facts are hazy or evidence is incomplete. Such orders should be limited to circumstances where investigation is complete or evidence is conclusive Kanumuri Raghurama Krishna Raju VS State Of Andhra Pradesh - Andhra Pradesh, Md. Taher Ahmed Barbhuiya VS State of Assam - Gauhati, Khehoshe Chishi VS State of Nagaland - Gauhati, Sanjeev Rai VS State Of Madhya Pradesh - Madhya Pradesh.
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Conditions and Limitations - Courts generally decline to grant stay if investigations are ongoing and evidence is not fully developed, emphasizing that police have a statutory duty to investigate and that criminal proceedings should not be prematurely quashed or stayed without proper grounds Md. Taher Ahmed Barbhuiya VS State of Assam - Gauhati, Khehoshe Chishi VS State of Nagaland - Gauhati, Monjuma Gogoi Tamuli, W/o. Sri Birinchi Kumar Tamuli VS State of Assam, Rep. by the PP, Assam - Gauhati, Suresh Kumar Mishra VS State Of Up - Allahabad, Md. Miri Ali S/o Late Taleb Ali VS State of Assam - Gauhati.
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Specific Cases and Exceptions - In cases where no incriminating evidence has emerged, or the petitioner is falsely implicated, courts may consider staying arrest temporarily, but such orders are made cautiously and usually with conditions Suresh Kumar Mishra VS State Of Up - Allahabad.
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Overall Insight - The jurisprudence, especially the Niharika Infrastructure case, underscores that courts should exercise restraint in granting stay on arrest during investigations, emphasizing the importance of allowing police to carry out their statutory duties unless investigations are complete or evidence warrants a stay Niharika Urf Gudiya VS State of U. P. - Allahabad, Md. Taher Ahmed Barbhuiya VS State of Assam - Gauhati, Sanjeev Rai VS State Of Madhya Pradesh - Madhya Pradesh.
Conclusion:
Courts are generally cautious about staying arrest during ongoing investigations, aligning with Supreme Court guidelines. Stay orders are granted only under specific circumstances, such as lack of evidence or to prevent injustice, but are usually limited and conditional to ensure the investigation's integrity is maintained.
Search Results for "Stay on Arrest Niharika"
2014 0 Supreme(All) 2102 • India - Allahabad
DEVENDRA PRATAP SINGH, AKHTAR HUSAIN KHAN
arrest. ... The court also stayed the arrest of the petitioners until the proceedings were disposed of. ... Final Decision: The writ petition was disposed of with the directions for age determination, security deposit, and stay of ... Niharika @ Gudiya. ... 15. Till the disposal of the aforesaid proceedings before the CJM /Magistrate concerned as provided herein above, the arrest of the petitioners in the aforesaid Case Crime number shall remain stayed. ... In case the petitioner No. 2 fails to fulfil....
• India - Andhra Pradesh
B. S. BHANUMATHI
is also pertinent to mention that when investigation is in progress, High Court must refrain from passing interim order not to arrest ... proof of invitation is not a hurdle in seeking relief - If at all, petitioner intends to attend ceremony, now in view of threat of arrest ... of the rate cases as said by the Supreme Court in Niharika Infrastructures Private Limited. ... In the case of Niharika Infrastructure Private Limited (supra), at para 80, held as follows: “80. ... If at all, the petitioner intends to attend the ....
2022 0 Supreme(Gau) 153 • India - Gauhati
ROBIN PHUKAN
(III) in case of Niharika Infrastructure (supra), and in point in the case of Bhajanlal (supra) – Court of view that ratios laid ... V of guidelines laid down in case of Niharika Infrastructure (supra), it cannot be said that assertions made in FIR are unbelievable ... V of the guidelines laid down in the case of Niharika Infrastructure (supra), it cannot be said that the assertions made in the FIR are unbelievable. ... Stay, if granted earlier, stands vacated. ... (III) in the case of Niharika Infrast....
2022 0 Supreme(Guj) 968 • India - Gujarat
VAIBHAVI D. NANAVATI
At this stage, it is apposite to refer to the ratio laid down by the Hon’ble Supreme Court in the case of Niharika Infrastructure Pvt. Ltd. V/s. State of Maharashtra reported in AIR 2021 SC 1918, the relevant Para-23 read thus : “23. ... 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or “no coercive steps to be adopted” during the investigation or till the final report/charge-sheet is filed under ... Normally, when the....
2022 0 Supreme(Gau) 1150 • India - Gauhati
ROBIN PHUKAN
pressed into service in a proceeding under Section of Code of Criminal Procedure – Law in this regard is well settled in case of Niharika ... The law in this regard is well settled in the case of Niharika Infrastructure (supra). 20. ... Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or “no coercive steps to be adopted” and the accused should be relegated to apply ... T....
2022 0 Supreme(Gau) 152 • India - Gauhati
ROBIN PHUKAN
This court is not entitled to embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the First Information Report (FIR) in view of the guideline in point No.VI in the case of Niharika Infrastructure (supra). ... Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or “no coercive steps to be adopted” and the accused should be relegated to apply .......
2024 0 Supreme(MP) 582 • India - Madhya Pradesh
VISHAL MISHRA
SCC 335 has laid down certain guidelines which were subsequently reiterated by the Hon'ble Supreme Court in a recent judgment passed in the case of Niharika Infrastructure Pvt. Ltd. vs. ... 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or ''no coercive steps to be adopted'' during the investigation or till the final report/charge sheet is filed under ... Normally, when the investigation is in progress and the facts ar....
2024 0 Supreme(All) 727 • India - Allahabad
SIDDHARTH, VINOD DIWAKAR
on arrest is hereby declined. ... Niharika Chauhan, learned Special Judge, POCSO Act, Sonbhadra and relied upon a letter dated 26.7.2023 issued by the Confidential Section of this Court; (iii) there is no incriminating evidence come forth during the investigation against the petitioner; (iv) the petitioner has been falsely implicated ... Out of eight, two persons have been arrested by the police; two have got interim bail; one has died, and three accused persons' arrest is yet to be effected. The three accused, including the petitioner, a....
2022 0 Supreme(Guj) 1067 • India - Gujarat
GITA GOPI
The prayer cannot be granted, since the FIRs are ordered to be quashed and if stay of this judgment is permitted, then the petitioners and the family members would have to face arrest and would be dragged in the investigation, which is not at all warranted. ... The civil rights has to be claimed by way of civil suit; lodging of criminal prosecution leads to serious consequences of accused having to face arrest, and further such FIRs would bring disrepute to the family members in the society. ... Kookada relying upon the view of the Apex ....
2023 0 Supreme(Gau) 1170 • India - Gauhati
ARUN DEV CHOUDHURY
State (Govt. of NCT of Delhi), 1999 (8) SCC 728, M/s Niharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and State of Orissa vs. Saroj Kumar Sahoo, 2005 (13) SCC 540. ... (iii) In the case of Niharika (supra), the Hon’ble Apex Court has culled out a principle that the police has statutory right and duty under the relevant provision of code of criminal procedure contained in chapter XIV of the Code to investigate into a cognizable offence and Court ... The power of quashing criminal proceedings, particularly, the charge framed in t....
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