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Supreme Court of India 2025-12-19 allowed

STATE OF U.P. & ANR vs MOHD ARSHAD KHAN & ANR

Bench: 2 — Sanjay Karol, Nongmeikapam Kotiswar Singh

In Brief

The State of Uttar Pradesh appealed against High Court orders that dismissed quashing petitions filed by three accused persons charged with forgery and misuse of arms licenses, but granted them protection from arrest and directed the investigation to be completed within 90 days. The Supreme Court held that time-bound investigations must be imposed only when material evidence shows actual delay or stagnation, not as a routine condition alongside dismissed quashing petitions. The Court further ruled that blanket protection from arrest while dismissing a quashing petition is legally unsustainable and lacks statutory authority. Relying on Neeharika and Habib Abdullah Jeelani, it emphasized that interim protection requires exceptional factual circumstances and cannot be granted mechanically without distinguishing relevant facts. The appeal was allowed; protection from arrest was set aside with a two-week grace period.

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Criminal Procedure Fundamental Rights Writ Jurisdiction Interim Protection Investigation and Prosecution Article 226 Section 482 CrPC

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