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Supreme Court of India 2021-08-31 allowed

Salimbhai Hamidbhai Memon vs Niteshkumar Maganbhai Patel & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A criminal appeal arose from a partnership dispute involving allegations of document forgery and cheating. The High Court issued an oral direction restraining arrest without a written order, then granted interim stay of arrest with minimal reasons in a petition to quash the FIR. The Supreme Court held that the High Court's procedure was irregular and unsustainable. Judges must issue written judicial orders, not oral directions. When granting interim relief in quashing petitions, courts must apply parameters required for quashing itself, allude to allegations' gravity, and record reasoned analysis of the offence's seriousness. The Court set aside the High Court order and clarified the petition could proceed, establishing that interim protection requires judicious, reasoned judicial analysis, not merely settlement prospects.

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Criminal Procedure Jurisdiction of High Court Interim Relief FIR - Quashing Judicial Accountability Oral Directions Stay of Arrest

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