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2022 (8) TMI 1422

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..... properly appreciated the principles and the law laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. [ 2021 (4) TMI 1244 - SUPREME COURT ]. What is emphasized by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. is that grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases. This Court has also emphasized the right of the Investigating Officer to investigate the criminal proceedings. There shall not be any interim relief during the pendency of the aforesaid special criminal applications. The Investigating Officer is directed to complete the investigation at the earliest and preferably within a perio .....

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..... e petitioner- complainant against the respondents original writ petitioners before the High Court respondents herein original accused, the original complainant has preferred the present appeals. 2. At the outset, it is required to be noted that Special Criminal Application Nos. 9111 of 2019 and 9475 of 2019 were arising out of FIR being M. Case No. 2 of 2019 initiated by the appellant original complainant. Special Criminal Application No. 9112 of 2019 before the High Court was arising out of FIR being M. Case No. 3 of 2019. The private respondents herein original accused approached the High Court by way of Special Criminal Application Nos. 9112 of 2019, 9111 of 2019 and 9475 of 2019 to quash the criminal proceedings in exercise .....

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..... a and Ors., AIR 2021 SC 1918, this Court quashed and set aside the interim orders dated 10.10.2019 passed in respective special criminal applications. Despite the above order passed by this Court thereafter by the impugned orders, while admitting the respective special criminal applications, the learned Single Judge of the High Court has again granted the impugned interim reliefs staying further criminal proceedings and resultantly staying further investigation. Feeling aggrieved and dissatisfied by the impugned interim order passed by the High Court granting interim relief and staying further criminal proceedings and resultantly staying further investigation, the original complainant has preferred the present appeals. 3. We have heard S .....

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..... original writ petitioners accused have stated at the Bar that they do not invite any further reasoned order if this court is intending quashing and setting aside the impugned interim order passed by the High Court dated 14.02.2022 passed in respective Special Criminal Application Nos. 9112 of 2019, 9111 of 2019 and 9475 of 2019. However, they have requested for making suitable observations to the effect that the respective special criminal applications be decided and disposed of in accordance with law and on its own merits. In that view of the matter, we are not passing any further detailed reasoned order while quashing and setting aside the impugned interim order passed by the High Court. However, suffice is to say that the learned Sing .....

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..... ur earlier judgment and order, in fact, we abstracted the principles laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra) in paragraph 4. 7. Despite the earlier judgment and order passed by this Court in the very criminal proceedings quashing and setting aside the earlier interim orders passed by the High Court, which came to be set aside by this Court, again, the learned Single Judge has granted the very same interim relief, which as observed hereinabove, can be said to be in teeth of and contrary to our earlier judgment and order in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra). We are not observing anything further as the learned Senior Advocates appearing on behalf of the original writ .....

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