On July 31, 2025, the Supreme Court Bench of Justices J.B. Pardiwala and R. Mahadevan issued notice and granted an interim stay on the operation of a Punjab & Haryana High Court order dated July 25, 2025. The High Court had directed the Punjab DGP to file an affidavit explaining the non-arrest of a Patwari accused in a 2021 bribery case and the delay in filing a final report under Section 173(2) CrPC.
Challenging the High Court’s direction, the petitioner filed a Special Leave Petition arguing that the order endangered his personal liberty and violated settled principles of criminal law. It was argued that the High Court’s direction was at complete odds with criminal jurisprudence pertaining to personal liberty and grossly exceeds the statutory jurisdiction to entertain the grant of anticipatory bail.
The petition further argued that the High Court’s intervention violated the law laid down by the Supreme Court in State of U.P. v. Aman Mittal, (2019) 19 SCC 740, which held that directions issued under Section 482 CrPC, against the interest of the accused in a petition filed by the accused, are beyond the jurisdiction of the High Court, and that courts should not interfere in the manner of investigation unless exceptional circumstances exist.
The Supreme Court has stayed any coercive action against the petitioner until further orders and directed that the matter be listed on the next date of hearing.
Appearances:
Petitioner(s) :Mr. Amit Gupta, Adv.; Ms. Muskan Nagpal, Adv.; Mr. Prannav Dhawan, Adv.; M/S. Mitter & Mitter Co., AOR
Respondent: None