TaxTMI 
TaxTMI 
2022 (8) TMI 1422
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....irudh Bhatia, Adv., Ms. Kamakshi Sehgal, Adv, Ms. Ayushi Amod, Adv., Mr. Pranav Saigal, Adv., Ms. Ashita Chawala. Adv, Mr. E. C. Agrawala, Adv. JUDGMENT M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned interim order dated 14.02.2022 passed by the High Court of Gujarat at Ahmedabad in respective Special Criminal Application Nos. 9112 of 2019, 9111 of 2019 and 9475 of 2019 by which the High Court while admitting the special criminal applications filed under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) has granted the interim relief and has stayed the further proceedings of respective criminal inquiry cases against the respondents - accused and whereby has stayed the....
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....g notice to the respondents therein, this Court stayed the interim order dated 10.10.2019. In continuation of the order dated 09.12.2019, this Court passed a further order on 17.12.2019 and observed that it shall be open for the accused - respondents to seek anticipatory bail in accordance with law, which may be considered expeditiously. Nothing is on record to show that thereafter any further proceedings were initiated by the respondents - accused seeking anticipatory bail. The special leave petitions filed before this Court against the common order dated 10.10.2019 were converted into Criminal Appeal Nos. 1657, 1658, 1659 and 1660 of 2021. By a detailed judgment and order dated 17.12.2021 and after considering the decision of this Court i....
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....he actual investigation has started only after June, 2020. Even thereafter also, the investigation can be said to be proceeding in a snail pace. It appears that at every stage, the investigation has been stalled. It can also be seen that the investigation has been stalled earlier and even thereafter pursuant to the impugned order, which cannot be said to be in the interest of the prosecution and/or investigating agency. As observed by this Court in the earlier round of litigation (Criminal Appeal Nos. 1657, 1658, 1659 and 1660 of 2021), the investigating agency has the right to investigate the criminal proceedings and only in rarest of rare cases, the same can be stalled and/or stayed. 5. After making some submissions, Shri Maninder Singh ....
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....pears that the learned Single Judge seems to be of the opinion that after giving reasons, the High Court can grant an interim stay of further investigation in a petition seeking quashing of the criminal complaint filed under Article 226 of the Constitution read with Section 482 Cr.P.C. The High Court has not properly appreciated the principles and the law laid down by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra). What is emphasized by this Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. (supra) is that grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases. This Court has also emphasized the right of th....