Sunday, March 6, 2022

High Courts Can't Issue Directions For 'No Arrest' or 'No Coercive Action Till Final Report Filed' While Refusing To Quash Criminal Proceedings: SC Reiterates

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The Supreme Court set aside the order of the Allahabad High Court to the extent that without quashing the FIR in the petition filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 ("Cr.P.C."), it had directed that the accused shall not be arrested till the final report is submitted.

A Bench comprising Justices M.R. Shah and B.V. Nagarathna observed that the Apex Court had disapproved of the practices of passing orders of "no arrest" or "no coercive action" when the quashing petition itself was dismissed.

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