Q. Whether High Courts Can Pass Order Of 'NOT TO ARREST' Or 'NO COERCIVE STEPS', While Dismissing/Disposing Petition U/S.482 CrPC ?

A. NO

RELEVANT CASE LAW:

M/s NEEHARIKA INFRASTRUCTURE PVT. LTD. VS STATE OF MAHARASHTRA LL 2021 SC 211

while dismissing/disposing of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India.,

HELD THAT :

HCs shall not pass 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/Charge Sheet Is Filed Under Section 173 Cr.P.C.

F.B. OBSERVED THAT:

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"

SQ. What Is The Remedy With The Accused, Then ?

A. The accused should be relegated to apply for anticipatory bail under Section 438 Cr.P.C. before the competent court.

SQ. In Which Case Guidelines Are Framed Explaining WHEN AND WHERE The High Court Would Be Justified In Passing An Interim Order Either Staying The Further Investigation In The FIR/Complaint Or Interim Order In The Nature Of "no Coercive Steps" And/Or Not To Arrest The Accused Either Pending Investigation By The Police/Investigating Agency Or During The Pendency Of The Quashing Petition Under Section 482 Cr.P.C. And/Or Under Article 226 Of The Constitution Of India Pending Before The High Court ?