Interim protection against FIR and ECIR proceedings was continued where a connected writ had already received stay relief.

Interim protection was granted against further proceedings arising from an FIR alleging offences of cheating, forgery and conspiracy, and the consequential ECIR, pending consideration of the connected writ petition. The Court relied on the fact that an identical matter had already been entertained with interim protection in a connected writ petition, and noted that although recall proceedings before the Supreme Court and an SLP against the earlier interim order were said to be pending, no stay of those orders had been passed. In those circumstances, it found no basis to take a different view and stayed summoning and coercive action till the next date of listing.

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Issues: Whether interim protection by way of stay of further proceedings, including summoning and coercive action arising from the FIR and ECIR, ought to be granted pending consideration of the connected writ petition.

Analysis: The petition sought protection against further proceedings arising from the FIR alleging offences under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 and the consequential ECIR. The Court noted that an identical matter had already been entertained and interim protection had been granted in a connected writ petition. It also found that, although proceedings relating to recall before the Supreme Court and an SLP against the earlier interim order were stated to be pending, no order staying the operation of those orders had been passed. In these circumstances, the Court found no justification to take a different view.

Conclusion: Interim protection was granted and further proceedings, including summoning and coercive action arising from the FIR and ECIR, were directed to remain stayed till the next date of listing.

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