1

IN THE HIGH COURT OF DELHI AT NEW DELHI

[EXTRAORDINARY ORIGINAL JURISDICTION]
Crl. M.A.______ OF 2022
IN
W.P (Crl.) No. 361 OF 2020

IN THE MATTER OF:

PARMOD KUMAR DANG ...PETITIONER
VERSUS
STATE & ANR. …RESPONDENT

URGENT APPLICATION

Sir,
Kindly treat this accompanying application as an urgent one in
accordance with the High Court Rules and Orders. The grounds of
urgency are stated in the accompanying petition.

(B. BADRINATH)
E-234, LGF, East of Kailash,
NEW DELHI New Delhi 110065
DATED: 16-11-2022 M: 9810320384
 2
IN THE HIGH COURT OF DELHI AT NEW DELHI
[EXTRAORDINARY ORIGINAL JURISDICTION]
Crl. M.A.______ OF 2022
IN
W.P (Crl.) No. 361 OF 2020

IN THE MATTER OF:

PARMOD KUMAR DANG ...PETITIONER
VERSUS
STATE & ANR. …RESPONDENT

NOTICE OF MOTION
Sir,
Kindly find enclosed a complete set of the aforementioned
application intended to be filed in the Hon’ble High Court. This is for
your record and necessary action.
The matter is likely to be listed on 17-11-2022.
Thanking you.

(B. BADRINATH)
E-234, LGF, East of Kailash,
New Delhi 110065
M: 9810320384
NEW DELHI
DATED: 16-11-2022
 4
IN THE HIGH COURT OF DELHI AT NEW DELHI
[EXTRAORDINARY ORIGINAL JURISDICTION]
Crl. M.A.______ OF 2022
IN
W.P (Crl.) No. 361 OF 2020

IN THE MATTER OF:

PARMOD KUMAR DANG ...PETITIONER
VERSUS
STATE & ANR. …RESPONDENT

APPLICATION ON BEHALF OF RESPONDENT NO. 2 UNDER

SECTION 482 OF CRIMINAL PROCEDURE CODE SEEKING
VACATION OF INTERIM ORDER DATED 5-2-2020.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner has preferred the above writ petition
aggrieved by registration of FIR No. 289 of 2019 dated 24-12-
2019 registered at P.S. EOW for offences under section
406,419,420,467,468,471 and 120B IPC.
2. That vide order dated 5-2-2020, the Petitioner was granted
protection from coercive steps in the above FIR. It is submitted
that the operation of the said interim order was extended from
time to time and continues to be in force till date.
3. That the Applicant is the complainant/Respondent No. 2 in the
abovementioned matter and has already filed his reply. The
pleadings in the matter are complete and arguments are required
to be addressed by the parties.
4. That while the petition of the Petitioner is devoid of any merit,
the Petitioner continues to enjoy an order akin to an order of
pre-arrest bail. It is submitted that the Hon’ble Supreme Court
in the matter of Neeharika Infrastructure Pvt. Ltd Vs State of
Maharashtra and Others 2021 SCC OnLine SC 315 the
Hon’ble Supreme Court while discussing the powers of the
High Court under Art. 226 of the Constitution of India and S.
 5
482 CrPC in quashing of FIR, has laid down the following
conditions insofaras interim orders are concerned. The relevant
part of the judgment is reproduced as under:

80. In view of the above and for the reasons stated above,
our final conclusions on the principal/core issue,
whether the High Court would be justified in passing an
interim order of stay of investigation and/or “no
coercive steps to be adopted”, during the pendency of the
quashing petition under Section 482 Cr.P.C and/or
under Article 226 of the Constitution of India and in what
circumstances and whether the High Court would be
justified in passing the order of not to arrest the accused
or “no coercive steps to be adopted” during the
investigation or till the final report/chargesheet is filed
under Section 173 Cr.P.C., while dismissing/disposing
of/not entertaining/not quashing the criminal
proceedings/complaint/FIR in exercise of powers under
Section 482 Cr.P.C. and/or under Article 226 of the
Constitution of India, our final conclusions are as under:

…….

xvi) The aforesaid parameters would be applicable

and/or the aforesaid aspects are required to be
considered by the High Court while passing an interim
order in a quashing petition in exercise of powers under
Section 482 Cr.P.C. and/or under Article 226 of the
Constitution of India. However, 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
 6
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 Cr.P.C. 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/chargesheet is filed under Section 173
Cr.P.C., while dismissing/disposing of the quashing
petition under Section 482 Cr.P.C. and/or under Article
226 of the Constitution of India.
xvii) Even in a case where the High Court is prima facie
of the opinion that an exceptional case is made out for
grant of interim stay of further investigation, after
considering the broad parameters while exercising the
powers under Section 482 Cr.P.C. and/or under Article
226 of the Constitution of India referred to hereinabove,
the High Court has to give brief reasons why such an
interim order is warranted and/or is required to be
passed so that it can demonstrate the application of mind
by the Court and the higher forum can consider what was
weighed with the High Court while passing such an
interim order.
xviii) Whenever an interim order is passed by the High
Court of “no coercive steps to be adopted” within the
aforesaid parameters, the High Court must clarify what
does it mean by “no coercive steps to be adopted” as the
term “no coercive steps to be adopted” can be said to be
too vague and/or broad which can be misunderstood
and/or misapplied.
 7

5. That investigation in the above FIR has resulted in collection of

credible evidence to substantiate the allegations made by the
Respondent No. 2 in his complaint.
6. That the Respondent No. 2 has reliably learnt that key witnesses
are not coming forward to join the investigation on account of
their fear of the Petitioner who continues to hold considerable
influence over them. In these circumstances, the order of this
Hon’ble Court dated 5-2-2020 which was passed at the stage of
admission that too without any reasoning, may be vacated to
enable the investigating officer to proceed against the Petitioner
in accordance with law.

PRAYER

In the facts and circumstances of the case and in the interest of

justice. It is most respectfully prayed that this Hon’ble Court may
graciously be pleased to:
A. Allow the present application and vacate/recall the interim
protection granted to the Petitioner vide order dated 5-2-2020
which was lastly extended vide order dated 12-10-2022; and
B. Permit the investigating officer to proceed against the Petitioner
in accordance with law; And
C. Pass any other or further orders as this Hon’ble Court may deem
fit in the interest of justice.

(B. BADRINATH)
E-234, LGF, East of Kailash,
New Delhi 110065
M: 9810320384

NEW DELHI
DATED: 16-11-2022
8