NEUTRAL CITATION
R/CR.MA/6975/2015 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6975 of 2015
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MAHESHBHAI VISHANDAS CHANGRANI & 3 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3,4
MR DIPEN DESAI(2481) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 02/11/2023
ORAL ORDER
1. This application is filed under the provisions of Section 482 of the Code of Criminal Procedure, 1973 (`the Code' for short) for the following prayers:
"13(A) That this Hon'ble Court may be pleased to admit this Criminal Misc.Application;
(B) This Hon'ble Court may be pleased to allow this Criminal Misc.Application by quashing and setting aside the proceedings initiated and pending before learned JMFC, Kheda as Criminal Case No.98 of 2013 and the proceedings arising out of the criminal case qua petitioners, in the interest of justice;
(C) Pending admission, hearing and till final disposal of this Page 1 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined petition, this Hon'ble Court may be pleased to stay the proceedings initiated and pending before learned JMFC, Kheda as Criminal Case No.98 of 2013 and the proceedings arising out of the criminal case qua petitioners in the interest of justice.
(D) xxxx"
2. The brief facts leading to filing of this application, as stated in the application, are such that one private complaint came to be filed as Enquiry Report as Criminal Enquiry Case No.6 of 2012 and thereafter registered as Criminal Case No.98 of 2013 before learned JMFC, Kheda where it is alleged by respondent no.2 that the respondent is a society registered under the Registrar of Co.op. Housing Society and the complainant is a Secretary and the registered office of the society is at Mahij, Taluka Kheda; that the land is situated at village Mahij survey nos.534, 535, 536 and 538 (converted as block no.395) purchased by society in the year 1979 which was purchased by society from Barejadi Farming and Industrial Company in which confirming party is Shree Ram Corporation, Ship Associates; that the company who sold the lands made plotting plot nos.1 to 274 and for the purpose of way to the plot numbered as plot no.275; that out of the above plots about 117 plots were purchased by complainant and about 122 sale deed were executed; that the Page 2 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined complainant accordingly became the owner and after the land is purchased for the purpose of making construction of the residential houses about 54 plinth level construction was made and society has also made members of certain persons of mill; that the mill was closed and the members have not deposited the amount and construction could not be made, however, the owners have remained in the society and the name of society is reflected in the revenue record also; that the respondent-accused made an attempt to grab the land and they have registered one Sahyog Corporation Pvt.Ltd. On 13.4.2007 under the Registrar of Companies Act and the original accused nos.3 and 4 who became director of Sahyog Corporation made an application to convert the land in the name of Sahyog Corporation from Barejadi Farming and Industries; that the name was transferred in the revenue record and thereafter original accused no.1 has given power of attorney for the purpose of selling of the plot and with the help of power of attorney on 7.3.2008 a sale deed was executed in favour of the present petitioners for plot no.395/275 area of the same is 31925 sq.mtrs.; that the sale deed was executed and registered in the Registrar of Companies and thereafter necessary entries are also made in the government record; that though the accused is not allowed to sell the, the sale deed was executed and committed offence of fraud. It is stated that civil suit is also Page 3 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined filed before learned Civil Judge, Kheda as Regular Civil suit No.17 of 2011 by original accused nos.1 and 2 and accordingly the complaint is filed; in which, the verification was recorded, the police report was called for and thereafter cognizance was taken and on 14.2.2013, the summons came to be issued.
3. Heard learned advocates for the parties. 3.1 Learned advocate Mr.Dagli for the applicants has submitted that the impugned criminal complaint is filed under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code which is numbered as Criminal Case no.98 of 2013, whereby the Court has issued the summons after recording the verification and issuing the process to investigate under Section 202 of the Code and thereafter, the cognizance is taken by order dated 14.2.2013. He submits that prima facie, though such process is followed by the learned Magistrate while issuing summons, learned Magistrate has not considered the averments made in the complaint by which no offence as alleged is disclosed against the present applicants.
3.2 Learned advocate Mr.Dagli has submitted that considering the fact that on 13.4.2007 one Sahyog Corporation Page 4 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined Pvt.Ltd. whose name is entered and originally it was Barejadi Farming and Industries Pvt. Ltd. And a fresh certificate of incorporation with regard to the change of name in the office of Registrar of Companies was issued. Accordingly in the revenue record, in 7/12 abstract, the name of Sahyog Corporation through its director was entered. Therefore, the present petitioners have purchased the land total admeasuring 41,672 sq.meters which was in the name of Sahyog Corporation and necessary title clearance certificate was also asked which was issued by Sharma Associates, Advocate on 16.2.2008. In the meantime, the public notice was also given by 31.1.2008 in newspaper and thereafter the sale deed is executed on 7.3.2008 in favour of the present applicants and the consideration was paid through cheques. He has submitted that in the revenue record, the necessary entries were made and name of the applicants were entered into 7/12 abstract also. The applicants are making regular payment of revenue of the revenue charges to the revenue authorities.
3.3 Learned advocate Mr.Dagli has further submitted that Civil Suit No.17 of 2011 was filed before the Principal Senior Civil Judge, Kheda by one Amrabhai Bharvad against the complainant Ramnagar Cooperative Housing Society seeking necessary injunction and the private complaint was Page 5 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined filed by the respondent no.2 interalia contending that Sahyog Corporation has no authority to sell the land and in fact the complainant is the owner of the property in question. 3.4 Learned advocate Mr.Daglli has further submitted that in this factual background, the ingredients of any of the sections mentioned in the complaint are not satisfied. Not only that, the prosecution was also initiated against the applicants for purchase of the land way back in the year 2008 by making necessary verification in the revenue record and this complaint is filed in the year 2013 and therefore the complaint is nothing but abuse of process of law. He has relied on the judgment in the case of Mohmed Ibrahim V/s State of Bihar reported in 2010(1) GLH 184 and submitted that the present applicants cannot be held liable by any stretch of imagination being bonafide purchaser of property from the vendors after following necessary procedure and therefore the offence pertaining to forgery or creating false documents or cheating for criminal breach of trust as they are attributed to the present purchasers cannot be attributed. 3.5 Learned advocate Mr.Dagli has relied on the decision of the Hon'ble Apex Court in the case of Kishansingh (dead) through Legal Heirs Gurpalsingh and Others reported in 2011(1) GLR 894 and has submitted that Page 6 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined when there is a delay in lodging FIR the Court has to look for plausible explanation for such delay and in absence of such explanation, such delay may be fatal to the prosecution. He has further submitted that in view of the totality of facts and circumstances of the present case and considering the latest judgment of the Hon'ble Apex Court reported in the case of Sheila Sebastian V/s R.Jawaharaj & Anr. Reported in AIR 2018 SC 2434, more particularly, paragraphs 25 and 26 of the judgment no case is made out against the present applicants. He submitted that even assuming that the applicants have committed some mistake in the process, but that itself is not sufficient in the facts of the present case, and therefore, the applicants cannot be prosecuted for the same. He, therefore, prayed that in view of the judgment in case of State of Haryana V/s Bhajanlal & Ors. Reported in AIR 1992 SC 604. (supra), the present application maybe allowed.
4. Per contra, learned advocate Mr.Desai appearing for respondent no.2 has strongly opposed the prayers made by the present applicants. By pointing out to the affidavit-in- reply filed by the respondent no.2-complainant, he has submitted that from the bare reading of the complaint, the offence is made out against the present applicants. He has also submitted that the sale deed which is alleged to have Page 7 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined been executed with the applicants for the land in question is dated 5.3.2008 and the same is executed by the very Shri Amrabhai Valubhai Bharwad as power of attorney holder of Sahyog Corporation Private Limited and in fact, from the record available as such there is no private limited company in the name of Sahyog Corporation and therefore the said very Shri Amrabhai Valubhai Bharvad who had filed civil suit claiming to be the care taker of the land has sold the land to the applicants in the year 2008 but it does not state that the facts in the suit which is filed in the year 2011. 4.1 Learned advocate Mr.Desai has further submitted that the certificate which is purportedly issued by Registrar of Companies dated 13.4.2007 petitioner as relied on by the applicants certifying that Barejadi Farming Industries Private Limited is changed to Sahyog Corporation Private Limited. He has submitted that the Ministry of Corporate Affairs has vide 26.12.2012 submitted that there is no company by name of Sahyog Corporation Ltd., registered with the Registrar of Companies. He has further submitted that certificate no.4- 30581 is with regard to the certificate of registration of M/s Arbuda Steel Private Limited and the said name has been changed to M/s Aster Silicate Private Limited and therefore there is no such certificate in the name of Sahyog Corporation Private Limited. He has further submitted that Page 8 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined from the record, it transpires that there is clear delay, laches in filing the quashing petition inasmuch as the order dated 14.2.2013 passed by the learned JMFC is challenged after a period of more than two years and there is no explanation worth the name as to why there is a delay of two years and why the petitioner did not prefer the quashing petition. 4.2 Learned advocate Mr.Desai has further submitted that the applicants are clearly party to the crime and have in well thoughtout criminal conspiracy grabbed valuable land belonging to the complainant herein in conspiracy with one Amrabhai Valubhai Bharvad. He has further submitted that the land in question is of the ownership of the complainant herein and the said Shri Amrabhai Bharwad was claiming to be the care taker of the land in question and in such capacity as care taker, he has filed Civil Suit No.17 of 2011 before the learned Principal Senior Civil Judge, Kheda. He has further submitted that considering all these aspects and considering the conduct of the present applicants that if actually, the applicants were cheated by the said Shri Amrabhai Valubhai Bharvad, this was very clear case for the applicants to file criminal complaint against Amrabhai Valubhai Bharvad. Further, the applicants have not initiated any action against the said Amrabhai Valubhai Bharvad nor have sought for being impleaded as party in the suit nor Page 9 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined have objected to any relief in the suit which shows that the applicants and the said Amrabhai Valubhai Bharvad are hand in gloves and are together in the entire conspiracy for grabbing the valuable land of the complainant. 4.3 Learned advocate Mr.Desai, by referring to the additional affidavit filed on behalf of respondent no.2 in the present application, has submitted that from the papers of investigation also, it reveals that the present respondent no.2 Shri Ramnagar Cooperative Housing Society Limited had purchased 115 plots from the owner of the land in question i.e. The Barejadi Farming and Industrial Company Private Limited by way of registered sale deed dated 9.4.1979 and total 115 different registered sale deeds were executed for purchase of 115 different plots, and in pursuance of the sale deeds, entries came to be posted in the revenue record at the relevant point of time with respect to all the 115 plots and therefore the society of the respondent no.2 i.e. Shri Ramnagar Cooperative Housing Society Limited had purchased the lands in question way back in 1979 from the erstwhile owner-the Barejadi Farming and Industrial Company Limited and its name is also mutated in the revenue record. He, therefore submitted that the accused persons, by creating forged and concocted documents and in connivance with other, sold the lands and thereby have committed the offence in Page 10 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined question.
5. Learned APP Ms.Bhatt has supported the contentions raised by the respondent no.2 and has submitted that as this Court has granted interim relief while issuing notice vide order dated 20.8.2015, the trial could not be proceeded further. As the dispute is between two private parties, the Court may consider the merits of the matter and since the prima facie case is made out against the present applicants, the Court may not interfere with the same by quashing the proceedings under Section 482 of the Code, which should be exercised sparingly. She submitted that therefore, considering the judgment in case of Neeharika Infrastructure Pvt.Ltd. V/s State of Maharashtra reported in 2021 SCC Online SC 315, appropriate order be passed in this matter.
6. I have considered the rival submissions and I have also considered the sections which are invoked in the said complaint, the documents, memo of the petition, affidavit, documents produced along with the affidavit-in-reply, from which, it clearly transpires that the respondent no.2-Shri Rammnagar Cooperative Housing Society Limited, way back in the year 1979, has purchased the land in question from original owner Barejadi Farming and Industrial Company Page 11 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined Private Limited. Thereafter, the entries are also mutated in the record for the 115 plots of the lands in question and thereafter in the year 2008, alleged sale transaction has taken place in favour of the present applicants by the power of attorney of one Shri Sahyog Corporation Private Limited. It transpires that though the registered sale deed is executed and payment is also made by way of registered deed, prima facie the said Sahyog Corporation is not the owner of the lands in question considering the fact that the property is already transferred way back in 1979 in favour of the respondent no.2. Moreover, considering the communication which is available on the record of the Ministry of Corporate Affairs dated 26.12.2012, it clearly indicates that no such company existed in the name of Sahyog Corporation and certificate which is produced on the record in the said number is registered in the name of M/s Aster Silicate Private Limited and M/s Aster Silicate Limited respectively and therefore, prima facie, certificate in the name of Sahyog Corporation cannot be looked into as there is uncontrovertible document available on the record which is produced by respondent no.2 and therefore the contention raised by the applicants that no ingredients are satisfied cannot be believed. On the contrary, prima facie all the ingredients alleged in the said complaint filed by the private complainant against the present applicants are attracted and such Page 12 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined complaint is required to be decided in a full flected trial after giving opportunity to the parties.
7. As regards the judgments cited at the bar by learned advocate for the applicants, more particularly, there cannot be any dispute with regard to the ratio laid down therein.
8. In the case of Sheila Sebastian (supra), it is held in paragraphs 25 and 26 as under:
"25. Keeping in view the strict interpretation of penal statute i.e. referring to rule of interpretation wherein natural inferences are preferred, we observe that a charge of forgery cannot be imposed on a person who is not the maker of the same. As held in plethora of cases, making of a document is different than causing it to be made. As Explanation 2 to Section 464 further clarifies that, for constituting an offence under Section 464 it is imperative that a false document is made and the accused person is the maker of the same, otherwise the accused person is not liable for the offence of forgery.
26. The definition of "false document" is a part of the definition of "forgery". Both must be read together. `Forgery' and `Fraud' are essentially matters of evidence which could Page 13 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined be proved as a fact by direct evidence or by inferences drawn from proved facts. In the case in hand, there is no finding recorded by the trial Court that the respondents have made any false document or part of the document/record to execute mortgage deed under the guise of that `false document'. Hence, neither respondent no.1 nor respondent no.2 can be held as makers of the forged documents. It is the imposter who can be said to have made the false document by committing forgery. In such an event the trial court as well as appellate court misguided themselves by convicting the accused. Therefore, the High Court has rightly acquitted the accused based on the settled legal position and we find no reason to interfere with the same."
9. The ratio laid down in the aforesaid judgments relied on by learned advocate for the applicants, this Court is of the opinion that the judgment is not applicable in the facts of the present case and not helpful to the case of the present applicants.
10. Considering the fact that prima facie the offence is made out against the present applicants on the bare reading of the complaint and connecting the material available on the record which the Court has to consider while considering the application under Section 482 of the Code, this Court is of Page 14 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined the opinion that this is not a fit case to exercise the inherent powers under Section 482 of the Code.
11. It will also be fruitful to refer to the judgment of the Hon'ble Apex Court in the case of Mehmood Ali and Others V/s State of U.P, and others, reported in 2023 SCC Online SC 950, paragraph 13 of which reads as under:
"13. At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court Page 15 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged."
12. In the case of Neeharika Infrastructure Pvt.Ltd. V/ s State of Maharashtra reported in 2021 SCC Online SC 315, wherein, it is held in paragraph 80 as under:
"80. In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of Page 16 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined stay of investigation and/or "no coercive steps to be adopted", during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or "no coercive steps to be adopted" during the investigation or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of/not entertaining/not quashing the criminal proceedings/complaint/FIR in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India, our final conclusions are as under:
i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence;
ii) Courts would not thwart any investigation into the cognizable offences;
iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on;
iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the 'rarest of rare cases (not to be confused with the formation in the context of death penalty).
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v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;
viii) Ordinarily, the courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities and one ought not to tread over the other sphere;
ix) The functions of the judiciary and the police are complementary, not overlapping;
x) Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences;
xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice;
xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits Page 18 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;
xiii) The power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court;
xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint;
xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make Page 19 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR;
xvi) The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or "no coercive steps to be adopted" and the accused should be relegated to apply for anticipatory bail under Section 438 Cr.P.C. before the competent court. The High Court shall not and as such is not justified in passing the order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India. xvii) Even in a case where the High Court is prima facie of the opinion that an exceptional case is made out for Page 20 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court while passing such an interim order. xviii) Whenever an interim order is passed by the High Court of "no coercive steps to be adopted" within the aforesaid parameters, the High Court must clarify what does it mean by "no coercive steps to be adopted" as the term "no coercive steps to be adopted" can be said to be too vague and/or broad which can be misunderstood and/or misapplied."
13. In view of the above discussion, the ingredients of the sections invoked in the complaint are satisfied from the bare reading of the complaint and considering the material available on the record, it transpires that the present applicants have played active role and there is prima facie material available which satisfies the ingredients of Sections 406, 420, 465, 467, 468 and 120B of Indian Penal Code and therefore I am of the opinion that the proceeding which is Page 21 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023 NEUTRAL CITATION R/CR.MA/6975/2015 ORDER DATED: 02/11/2023 undefined initiated by the complainant cannot be scuttled at this stage without directing the parties to face the proceeding of trial and after full fledged trial, the trial Court can consider the complaint which is filed by the present private complainant after giving proper opportunity to the parties in accordance with law. Since the complaint is of the year 2013 and could not be proceeded further due to the interim relief granted by this Court, I am of the opinion that it would be appropriate to direct the learned trial Court to expedite the trial of Criminal Case No.98 of 2013, as expeditiously as possible, preferably on or before 31.10.2024 after giving opportunity of hearing to the parties. Order accordingly.
14. Accordingly, this application is dismissed. Interim relief granted earlier stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 22 of 22 Downloaded on : Thu Nov 02 20:53:22 IST 2023