Page No.# 1/5 GAHC040011752023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) IA(Crl)/77/2024 Vinod Kumar Singh and Anr Age: 60 Occupation : Address:Son of Late Jagan Nath Singh R/o Flat No. 3 -C3/104 C3-Tower PWD Gurgaon Sector - 46 Gurgaon City Gurgaon Haryana PIN -122009 2: Harshil Kumar Singh Age: 18 Occupation : Address:Son of Shri Vinod Kumar Singh R/o Flat No. 3 -C3/104 C3-Tower PWD Gurgaon Sector - 46 Gurgaon City Gurgaon Haryana PIN -122009 VERSUS Smti Unnati Raje Singh and 5 Ors Age: 25 Occupation : Address:Daughter of Shri Ajay Singh Page No.# 2/5 R/o Rewa House Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh 2:Ajay Singh Age: 48 Occupation : Address:Son of Shri Abhay Singh R/o Rewa House Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh Ph. No. 9425182082 3:Smti Usha Singh Age: 44 Occupation : Address:Wife of Shri Ajay Singh R/o Rewa House Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh Ph. No. 9425182666 4:Ankit Singh Age: 35 Occupation : Address:C/o Shri Ajay Singh R/o Rewa House Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh Ph. No. 9582178666 5:Smti. Nidhi Singh Age: 41 Occupation : Address:W/o Shri Sanjay Singh R/o Rewa House Page No.# 3/5 Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh Ph. No. 9713468700 6:Uttkarsh Raj Singh Age: 20 Occupation : Address:S/o Shri Ajay Singh R/o Rewa House Ward No. 1 Dhanpuri College Colony P.O and P.S Burhar District Shahdol Madhya Pradesh Ph. No. 8989446444 ------------ Advocate for : Tapi Omo Advocate for : H K Jamoh appearing for Smti Unnati Raje Singh and 5 Ors: Advocate , -BEFORE- HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA 27.01.2025 1. Heard Mr. S. P. Sharma, learned counsel for the applicants. Also heard Ms. L. Hage, learned Addl. PP appearing for the State of Arunachal Pradesh. None has appeared for the opposite parties. 2. This application has been filed by the applicants/respondent Nos. 2 & 3 in connection with Crl. Petn. No. 149 (AP) 2023 praying for vacation of the stay order dated 19.06.2024 passed in the aforesaid Crl. Pet. by this Court. 3. It is pertinent to mention here that the opposite parties Nos. 1 to 6 had file the connected Crl. Pet. No. 149 (AP) 2023 under Section 482 of Page No.# 4/5 Cr.P.C. praying for quashing the FIR No. 05/2023 dated 19.06.2023 lodged by the present applicant No. 2 against the opposite parties of this Interlocutory Application as well as quashing the proceeding of Bhalukpong P.S. Case No. 5/2023. 4. After registration of the Crl. Petn. 149 (AP) 2023, the Case Diary of Bhalukpong P.S. Case No. 5/2023 was called for and by order dated 19.06.2024, following order was passed by this Court:- “In the meanwhile, no coercive action shall be taken against the accused person till the next date”. 5. Now, by filing the instant interlocutory application, the applicants have prayed for vacating the interim order dated 19.06.2024 and consequential order dated 28.08.2024. 6. Learned counsel for the applicants has submitted that passing of orders like “no coercive steps to be adopted” is in violation of the observation of the Apex Court in the case of Siddarth Mukesh Bhandari-vs- State of Gujurat; reported in (2023) 1 SCC (Crl.) 389, wherein, the practice of issuing such order has been deprecated by the Apex Court. Hence, he has prayed for vacating the interim order dated 19.06.2024. 7. On the other hand, Ms. L. Hage, learned Addl. PP has produced the Case Diary of Bhalukpong P.S. Case No. 05/2023 and has submitted that statement of some of the respondents have been recorded by the Investigating officer through Video conferencing mode. However, she has also submitted that she has been informed by the Investigating Officer that due to confusion created by order dated 19.06.2024, the accused persons are not co-operating in the manner they should have co-operated. Page No.# 5/5 8. On perusal of the order sheets of the Crl. Pet. No. 149 (AP) 2023, it appears that by order dated 09.09.2024, this Court further extended the operation of the aforesaid order in the following manner: - “The earlier order that no coercive action shall be taken against the petitioner, shall continue till the next date of listing. However, the Police investigation shall continue as per law”. 9. It appears that the order dated 19.06.2024 has been clarified by this Court by the aforesaid order dated 09.09.2024, whereby, this Court clarified that the Police investigation shall continue as per law, hence, the impugned order dated 19.06.2024 would not operate as a bar for continuing with the investigation. As investigation is continuing and the accused persons appears to be co-operating in it, this Court is of the considered opinion that there is no justification interfering with the order dated 19.06.2024 after clarification of the same by order dated 19.06.2024. 10. It is however made clear that the petitioners of Crl. Pet. No. 149 (AP) 2023 shall co-operate in the investigation during the pendency of the Crl. Petn. 149 (AP) 2023, which has been fixed for final hearing on 28.02.2025. 11. With the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant