Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons

Case: A P Mahesh Cooperative Urban Bank Shareholders Welfare Association Vs. Ramesh Kumar Bung

Coram: Justices Indira Banerjee and V. Ramasubramanian

Case No: [SLP(Crl) 3869 OF 2021]

Court Observation: “Neeharika (supra) certainly allowed space for the High Court to pass an interim order of the nature impugned 22 herein, “in exceptional cases with caution and circumspection, giving brief reasons”. What is frowned upon in Neeharika (supra) is the tendency of the courts to pass blanket, cryptic, laconic, nonspeaking orders reading “no coercive steps shall be adopted”. In Paragraph 60 of the Report in Neeharika (supra), this Court recognized that there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. In the order impugned in these petitions, the High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud. Therefore, the impugned order cannot be said to be bad in the light of Neeharika principles.”

“In paragraph 37 of the decision in Neeharika, the above passage from Bhajan Lal is extracted. In fact, Bhajan Lal (supra) took note of the view expressed by Bhagwati, C.J. in Sheonandan Paswan vs. State of Bihar to the effect “that a criminal prosecution, if otherwise justifiable and based upon adequate evidence, does not become vitiated on account of malafides or political vendetta of the first informant or complainant.” Yet Bhajan Lal (supra) laid down seven principles in paragraph 102, the last which we extracted above. The seven principles enunciated in paragraph 102 of Bhajan Lal (a two­ member Bench) are actually quoted with approval in Neeharika (a three ­member Bench).”

[doc id=7116]

Previous Posts

‘Judges Must Not Behave Like Emperors’: Supreme Court Strongly Condemns High Courts’ Practice Of Summoning Of Public Officers Unnecessarily

Facebook Can’t Disrupt India’s ‘Unity In Diversity’ Claiming Ignorance Or Lack Of Pivotal Role: Supreme Court

‘Judicial System Exists For Common Man’: Supreme Court Emphasizes The Need To Write Short & Clear Judgments & Restrict Time For Oral Submissions

‘Court Cannot Be Unmindful Of The Impact Of Covid’: SC Refuses To Disturb Admission Of B-Tech Students Admitted Without Entrance Test Download Judgement

Keywords

Section 482 CrPC, Interim Protection, Exceptional Cases