TaxTMI 
TaxTMI 
2015 (3) TMI 1404
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....nst them, is under challenge in this appeal urging various legal contentions. 2. Mr. V.K. Gupta, learned senior Counsel appearing on behalf of the Appellant questioned the correctness of the order impugned passed by the High Court and contends that having regard to the prayer made in the writ petition to quash the FIR registered against the private Respondents herein on the complaint lodged by the Appellant herein, the High Court has gravely erred in giving direction to the learned Magistrate directing that in the event of moving bail application by Respondent Nos. 1 to 4 herein, they shall be enlarged on bail on their furnishing personal bonds and one surety each to the satisfaction of the learned Magistrate. The said portion of the ord....
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....sonably, the same is liable to be set aside by this Court in exercise of the appellate jurisdiction. 4. On the other hand, Mr. Sidharth Luthra, learned senior Counsel appearing for Respondent Nos. 1 to 4 justifies the impugned order placing strong reliance upon the complaint lodged by the Appellant and making allegations against Respondent Nos. 1 to 4 and further he justifies the direction given by the High Court in the impugned order to the learned Magistrate, as the Respondent Nos. 1 to 4 had sought interim prayer in the application in the writ petition seeking for stay of arrest of Respondent Nos. 1 to 4 herein and they cannot be arrested pursuant to FIR dated 9.09.2014 during the pendency of the writ petition. In fact, such a relief ....
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....ismissal of the writ petition by the High Court, it ought not to have given the direction to the learned Magistrate to consider the bail application if such an application is filed by Respondent Nos. 1 to 4, they shall be enlarged on bail by the learned Magistrate on furnishing personal bonds and one surety each to the satisfaction of the learned Magistrate, is not justified by the High Court. 6. Having heard learned senior Counsel on behalf of the parties at length we have very carefully perused the impugned order passed by the High Court, the prayer made in the writ petition praying for issue of a writ, order or direction in the nature of certiorari, calling for the records and quashing the Order dated 22.08.2014 passed by the National....
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....r the Petitioners succeeded in establishing that there was an infringement of any of their legal rights which entitled them to a writ of mandamus or any other directions of a like nature; and pending such determination it might have made a suitable interim order for maintaining the status quo ante. But when the Court declined to decide on the rights of the parties and expressly held that they should be investigated more properly in a civil suit, it could not, for the purpose of facilitating the institution of such suit, issue directions in the nature of temporary injunctions, Under Article 226 of the Constitution....the language of Article 226 does not permit such an action." It has clearly been held that Article 226 does not permit such....
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....clear that the power should be exercised sparingly relating to the cases under the 1987 Act, that too only in rare and appropriate cases in extreme circumstances. Upon the said passage from the judgment of Kartar Singh case (supra), learned senior Counsel for Respondent Nos. 1 to 4 has placed strong reliance in justification of the order passed by the High Court in giving direction to the learned Magistrate regarding the bail application that would be filed by Respondent Nos. 1 to 4. The reliance upon the aforesaid passage from the judgment of Katar Singh case has no application to the fact situation for the reason that the High Court has neither given any reason, whatsoever, for exercising its power sparingly and also not mentioned that th....