SIDDHARTH MUKESH BHANDARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned interim order dtd. 14/2/2022 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 Sec. 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 further investigation with respect to the criminal proceedings initiated by the petitioner- complainant against the respondents - original writ petitioners before the High Court - respondents herein - original accused, the original complainant has preferred the present appeals.

(2.) At the outset, it is required to be noted that Special Criminal Application Nos. 9111 of 2019 and 9475 of 2019 were arising out of FIR being M. Case No. 2 of 2019 initiated by the appellant - original complainant. Special Criminal Application No. 9112 of 2019 before the High Court was arising out of FIR being M. Case No. 3 of 2019. The private respondents herein - original accused approached the High Court by way of Special Criminal Application Nos. 9112 of 2019, 9111 of 2019 and 9475 of 2019 to quash the criminal proceedings in exercise of powers under Article 226 of the Constitution read with Sec. 482 of the Cr.P.C. The said special criminal applications were filed before the High Court on 1/10/2019. Before any further investigation was carried out by the Investigating Officer, the learned Single Judge of the High Court vide common order dtd. 10/10/2019 passed ex-parte ad-interim order directed that there shall not be any coercive steps taken against the original writ petitioners - accused. The common interim order dtd. 10/10/2019 passed in the aforesaid special criminal applications was the subject matter of special leave petitions before this Court. By order dtd. 9/12/2019 while issuing notice to the respondents therein, this Court stayed the interim order dtd. 10/10/2019.

(3.) We have heard Shri Harshit Tolia, learned Advocate appearing on behalf of the petitioner - appellant - original complainant; Shri K.M. Natraj, learned ASG appearing on behalf of the respondent - State of Gujarat and Shri P.S. Patwalia and Shri Maninder Singh, learned Senior Advocates appearing on behalf of the respondents - original writ petitioners - respondents accused.