Staying probe, granting interim relief in exercise of Section 482 CrPC powers should be in rarest of rare cases: Supreme Court

The Supreme Court recently reaffirmed that granting stay on investigation or any other interim relief by the High Court while exercising its powers under Section 482 of the Code of Criminal Procedure (CrPC), should be done only in the rarest of rare cases [Siddharth Mukesh Bhandari v. State of Gujarat and Another]..A Division Bench of Justices MR Shah and BV Nagarathna said that this position been settled in M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra."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 CrPC 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," the top court stated.The Court was hearing an appeal assailing a February 14 decision of the Gujarat High Court which, while admitting the Section 482 plea, had granted interim relief and stayed the criminal proceedings against the respondents.The respondent-accused had, in 2019, approached the High Court seeking quashing of the criminal proceedings. Before any further investigation could begin, the High Court had on October 10, 2019 granted interim relief and directed that there shall be no coercive steps against the respondents.However, on December 9, 2019, the Supreme Court had stayed the October 10 order of the High Court and later on December 17, 2021 set aside the High Court's interim order.Subsequently, the High Court while again admitting the application of the respondent-accused, granted interim relief by staying the criminal proceedings..The Supreme Court noted that the High Court while passing the order had seriously erred in the teeth of the earlier decision of the apex court in the case of M/s Neeharika Infrastructure Private Limited wherein it was ruled that even in a case where the High Court is prima facie of opinion that an exceptional case is made out for grant of interim stay of further investigation, it has to give brief reasons why such an interim order is warranted."The High Court has not properly appreciated the principles and the law laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra). What is emphasized by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra) 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," the Court observed.While allowing the appeal, the Court observed that:"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)."Therefore, the Apex Court has set aside the February 14, 2022 order of the High Court.Accordingly, the appeal is allowed..[Read Judgment]