Inherent Powers Under CrPC To Be Used Sparingly By High Courts: The SC Talks Tough

Background

The Hon'ble Supreme Court (SC) in a significant judgment in Neeharika Infrastructures Pvt. Ltd. v. State of Maharashtra and Ors., 2021 SCC OnLine SC 315, held that High Courts must be circumspect in the use of the inherent powers under Section 482 of the Code of Criminal Procedure, 1973. The SC directed High Courts not to pass blanket orders of stay of investigation without providing sufficient reasoning. The Court stipulated some guiding principles to be considered by High Courts while adjudicating quashing petitions.

Brief Facts

The Respondents (Accused), who were enjoying interim protection from arrest on an anticipatory bail petition granted by the Sessions Court, filed a quashing petition before the Bombay High Court, inter alia, under Section 482 of CrPC and the Hon'ble High Court directed that no coercive measures were to be adopted against the Respondents during the pendency of the quashing petition with respect to allegations made in the