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Showing posts with the label No Coercive Steps

Not Pass Order Of Not To Arrest Or No Coercive Steps’ While Dismissing/Disposing Petition U/s 482 CrPC of quashing Petition: by Supreme Court.

The Hon’ble Supreme Court in the matter of M/s Neeharika Infrastructure Pvt. Ltd vs State of Maharashtra and others  held that : Whether the High Court would be justified in granting stay of further investigation pending the proceedings under Section 482 Cr.P.C. before it and in what circumstances the High Court would be justified is a further core question to be considered. Before passing an interim order of staying further investigation pending the quashing petition under Section 482 Cr.P.C. and/or Article 41 226 of the Constitution of India, the High Court has to apply the very parameters which are required to be considered while quashing the proceedings in exercise of powers under Section 482 Cr.P.C. in exercise of its inherent jurisdiction, referred to hereinabove. 12. In a given case, there may be allegations of abuse of process of law by converting a civil dispute into a criminal dispute, only with a view to pressurise the accused. Similarly, in a given case the compla...