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Supreme Court of India 2021-04-13 allowed

Neeharika Infrastructure Pvt. Ltd vs State of Maharashtra and others

Bench: 3 — M.R. Shah

In Brief

A company sought to challenge a High Court interim order protecting business executives from arrest in a criminal case involving alleged fraud, forgery and illegal property sale. The Supreme Court held that High Courts cannot routinely issue blanket 'no coercive steps' orders during investigations, as this violates the police's statutory right to investigate. Such interim orders during quashing petitions require clear reasoning and must apply the same rigorous standards as full quashing (exceptional cases only). The Court also ruled that once a quashing petition is dismissed, a 'no arrest' order cannot be imposed as an alternative. Accused persons must use anticipated bail proceedings instead.

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Criminal Procedure Quashing of FIR Anticipatory Bail Interim Relief Powers of High Court Investigation of Cognizable Offences Rule of Law Abuse of Process

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