Neeharika Infrastructure Private Limited Vs State of Maharashtra- [3JB]

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 330 OF 2021

M/s Neeharika Infrastructure Pvt. Ltd. …Appellant

Versus

State of Maharashtra and others …Respondents

J U D G M E N T M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition (ST) No. 2306 of 2020, by which, in an application filed by private respondent nos. 2 to 4 herein (hereinafter referred to as the ‘original accused’) under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. with a prayer to quash the criminal proceedings being FIR No. 367/2019 dated 19.09.2019, the High Court has directed that “no coercive measures shall be adopted” against the original accused in respect of the said FIR, the original complainant has preferred the present appeal. 2. That the appellant herein has lodged an FIR against respondent nos. 2 to 4 herein – original accused at Worli Police Station, Mumbai for the offences under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code. That the allegations against the original accused pertain to forgery and fabrication of Board Resolution and the fraudulent sale of a valuable property Naziribagh Palace ad-measuring 111,882 sq. ft. belonging to the appellant company to one M/s Irish Hospitality Pvt. Ltd. 2.1 Apprehending their arrest in connection with the aforesaid FIR, the original accused filed anticipatory bail application before the learned trial Court under Section 438 Cr.P.C. That the learned Sessions Court, Mumbai granted interim protection from arrest to the alleged accused. That the interim protection, which was granted by the learned Sessions Court, was further extended from time to time and continued nearly for a year thereafter. That during the pendency of the anticipatory bail application pending before the learned Sessions Court, Mumbai, original accused – respondent nos. 2 to 4 herein preferred a petition before the High Court of Judicature at Bombay under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. for quashing the FIR, on 17.09.2020.

That the said writ petition was listed for hearing before the Division Bench of the High Court on 22.09.2020, wherein an order was passed directing the matter to be listed on 24.09.2020 before another Bench. That on 28.09.2020, the writ petition was listed for hearing before another Division Bench. Learned counsel appearing on behalf of the appellant herein (respondent no.2 before the High Court) prayed for two weeks’ time to file an affidavit in reply with an additional compilation of documents. That the Division Bench granted two weeks’ time to the appellant herein to file an affidavit in reply with an additional compilation of documents in the Registry on or before 12.10.2020 with copy to the other side. Liberty was granted to the original accused (writ petitioners before the High Court) to file rejoinder, if any, on or before 19.10.2020. The matter was directed to be listed on board on 28.10.2020. While adjourning the matter to 28.10.2020, the High Court has passed the impugned interim order directing that “no coercive measures shall be adopted against the petitioners (original accused – respondent nos. 2 to 4 herein) in respect of the said FIR”. When the aforesaid order was being passed, learned counsel appearing on behalf of the appellant submitted that anticipatory bail application filed by the original writ petitioners before the learned Sessions Court is pending for hearing and the learned Sessions Court may get influenced by the said order and therefore the Division Bench clarified that the learned Sessions Court shall decide the anticipatory bail application on its own merits. 2.2 Feeling aggrieved and dissatisfied with the impugned interim order passed by the Division Bench of the High Court directing that “no coercive measures shall be adopted” against the original accused (writ petitioners before the High Court) in respect of the said FIR, the original complainant has preferred the present appeal. 3. Shri K.V. Vishwanathan, learned Senior Advocate has appeared on behalf of the appellant – original respondent no.2 – complainant, Shri Diljeet Ahluwalia with Shri Malak Manish Bhatt, learned Advocates have appeared on behalf of the original accused – writ petitioners – respondent nos. 2 to 4 herein and Shri Sachin Patil and Shri Rahul Chitnis, learned Advocates have appeared on behalf of the State of Maharashtra.

3.1 Shri K.V. Vishwanathan, learned Senior Advocate appearing on behalf of the appellant – original complainant has vehemently submitted that such a blanket direction of the High Court restraining the investigating officer from taking coercive measures, in the facts and circumstances of the case, was not warranted at all.

3.2 It is submitted that, as such, the original accused – respondent nos. 2 to 4 herein were already having the interim protection from the learned Sessions Court, Mumbai in the anticipatory bail application which was continued from time to time since last one year. It is submitted that, as such, the original accused were not co-operating with the investigation after having obtained the interim protection of arrest and, in fact, the investigating officer addressed a communication to the learned Sessions Court stating that the accused were not co-operating with the investigation. It is submitted that therefore thereafter and that too while enjoying the interim protection from arrest, to file an application for quashing after a period of almost one year and obtain such an order is nothing but an abuse of process.

3.3 It is submitted that, as such, no reasons whatsoever have been assigned by the High Court while passing such an interim order of “no coercive measures to be adopted/taken” against the original accused. 3.4 It is submitted that the High Court ought to have appreciated that the original accused – respondent nos. 2 to 4 herein are facing very serious charges for the offences under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code and, in fact, the FIR was transferred to the Economic Offences Wing and the investigation was being conducted by the Economic Offences Wing. It is submitted that, as such, the original accused were not co-operating with the investigation after having obtained the interim protection from arrest.

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