SANTOSH KUMAR BAGRODIA Vs. S R CHATTOPADHYAY

JUDGEMENT

(1.) The appellant was facing a charge before the Trial Court for the offence under Section 181 of the Indian Penal Code. He moved the high Court by a petition filed under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings. As per the impugned judgment the High Court of Calcutta quashed the criminal proceedings. When the matter was being heard in this Court we suggested to Mr. F. S. Nariman, learned Senior counsel and also Mr. Altaf Ahmad, learned additional Solicitor General as to whether contentions raised by the appellant could be allowed to be considered by the Trial Court at the appropriate stage uninfluenced by the observations of findings in the impugned judgment. Mr. F. S. Nariman, learned Senior Counsel after getting instructions in the matter today submitted that in deference to the said query made by the Court appellant agreed to withdraw the petition filed before the High court under Section 482 of the Code of Criminal procedure. We, therefore, order that the petition filed by the appellant before the High court for quashment of the criminal proceedings would stand withdrawn and consequently the impugned judgment will stand erased.

(2.) The above action is adopted without prejudice to the right of the appellant and prosecution to raise whatever contentions they propose to raise in this case. Such contentions shall be decided by the Trial Court untrammeled by any observations made either in the order passed by the Trial Court dated 18th March, 1997 or by the judgment which we declared as erased.

(3.) The appeal is disposed of accordingly. Appeal disposed of accordingly.