Prior exoneration and non-disclosure of the earlier order supported interim stay of criminal proceedings and a summoning order.

Interim protection in a quashing petition under Section 482 CrPC was sought against a complaint and summoning order where the petitioner relied on prior exoneration on the same facts. The record indicated that the complaint and show-cause notice were substantially identical, and that the appellate tribunal's exoneration order had not been disclosed before the trial court. As the summoning order contained no reasons, the Court found a prima facie case for consideration and granted interim stay of the impugned order and all consequential proceedings until the next hearing.

---

---

Issues: Whether interim stay of the impugned summoning order and the criminal proceedings was warranted in view of the petitioner's prior exoneration on the same set of facts and the non-disclosure of that order before the trial court.

Analysis: The petition sought quashing under Section 482 of the Code of Criminal Procedure, 1973, along with interim protection against the impugned complaint and summoning order. The record indicated that the complaint and the show-cause notice were substantially identical, and that the order of exoneration passed by the appellate tribunal on the same facts had not been disclosed before the trial court. On that basis, and noting the absence of reasons in the summoning order, the Court found a prima facie case for consideration and considered the petitioner entitled to interim protection.

Conclusion: Interim stay of the impugned order and all proceedings arising from it was granted qua the petitioner until the next date of hearing.

---