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The Supreme Court today expressed displeasure on practice of passing orders of “No Coercive Steps” in quashing petitions under S. 482 CrPC, despite the verdict in Neeharika Infrastructure v. State of Maharashtra, Criminal Appeal 330 of 2021.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, taking serious note of this practice followed by Uttarakhand and Allahabad High Court, said,

“In a petition for quashing of FIR alleging offence u/s 302 IPC, the High Court recorded that the petition for quashing was not pressed, however, since prayers before it were 'innocuous', time was granted to surrender until August 10. This is shocking! An offence under 302 is dealt in such manner by the High Court.”

Notice was issued in the matter, returnable September 3, 2021.

In Neeharika Infrastructure v. State of Maharashtra, Court dealt with the issue that whether a High Court would be justified in passing an interim order staying the further investigation in the FIR/complaint or interim order in the nature of "no coercive steps" or not to arrest the accused, pending investigation or during the pendency of the quashing petition.

Summarizing the principles to be exercised by the High Courts, while quashing petitions under Section 482 CrPC, the bench said,

“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 CrPC 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/charge-sheet is filed under Section 173 CrPC, while dismissing/disposing of the quashing petition under Section 482 CrPC and/or under Article 226 of the Constitution of India.”

Case Title: Praveen Salar v. State of Uttarakhand