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Section 482 of the Code of Criminal Procedure – Temporary exemptions / suspension of investigation can only be granted in rare rare cases: Supreme Court

The Supreme Court reiterated that the Supreme Court, in the exercise of its powers under section 482 of the Code of Criminal Procedure, could grant a stay of Investigation or other temporary compensation only in rare of rare cases.

The bench This was observed while rescinding orders issued by the Gujarat High Court while considering petitions under section 482 of the Code of Criminal Procedure Readable. with Article 226 of the Constitution granting Temporary inscriptions remain so criminal Actions and outcome remain further investigation.

The bench Note that in And so criminal Actions, it has canceled and set Cancellation of previous temporary orders issued by the Supreme Court.

“Despite a previous ruling and order issued by this court in And so criminal Procedures for rescinding and rescinding previous temporary orders issued by the Supreme Court, which have become so set set aside by this court, againthe educated single judge granted the same temporary relief, which, as noted above, can be said to be in teeth of It contradicts our previous rule in the case of Ms. Neeharika Infrastructure Pvt. Ltd. (above). We don’t notice anything else as the top lawyers show on In my name or for me of The original Petitioners – Accused prayed not to do so pass No other reasoned order,” the court noted.

The bench In reference to decision in Neeharika Infrastructure Pvt. Ltd. Opposite. condition of Maharashtra and Ors. , AIR 2021 SC 1918, note thus:

“It seems that the cultured single judge is as well of The opinion that after giving reasons, the Supreme Court can grant a moratorium of More investigations in Petition seeking cancellation of The criminal Complaint under Section 226 of Read the constitution with Section 482 of the Code of Criminal Procedure The Supreme Court did not appreciate properly established principles and law down by this court in the case of Ms. Neeharika Infrastructure Pvt. Ltd. (above). What this court confirms? in the case of Ms. Neeharika Infrastructure Pvt. Ltd. (above) is that scholarship of any residence of The investigation and/or any interim relief while exercising the powers under Section 482 of the Criminal Procedure Code will only be in rare of rare cases. This court has also confirmed right of Investigation officer to investigate criminal procedures “.

Case details

Siddharth Mukesh Bhandari vs. the State of Gujarat 2022 LiveLaw (SC) 653 | CrA 1044-1046 of 2022 | August 2, 2022 | Judge MR Shah and BV Nagarathna

Headnotes

code of Criminal Procedure, 1973; Section 482 – Grant of any residence of The investigation and/or any interim relief while exercising the powers under Section 482 of the Criminal Procedure Code will only be in rare of Rare Cases – Referred to Neeharika Infrastructure Pvt. Ltd. Opposite. condition of Maharashtra Air 2021 SC 191 (Paragraph 6)

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Sallie Anderson
Sallie Anderson
Sallie works as the Writer at World Weekly News. She likes to write about the latest trends going on in our world and share it with our readers.

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