MOHAMMAD SALAUDDIN Vs. SUJIT DUTT

JUDGEMENT

(1.) Leave granted. The order of the learned Single Judge of the Calcutta High Court quashing the FIR is the subject matter of challenge in this appeal. It transpires that on a complaint being filed before the Sub-Divisional Judicial Magistrate, alipore, the Magistrate directed that the said complaint be treated as an FIR and called upon the police to investigate into the offences alleged. While the matter was being investigated into, the accused approached the High Court for being granted anticipatory bail by invoking power under Section 438 of the Code of Criminal procedure.

(2.) The learned Judge at that stage called for the case diary and being of the opinion that prima facie material exists did not think it proper to exercise power under Section 438 of the Code of Criminal Procedure.

(3.) The accused thereafter on being arrested moved regular application for bail and that bail application also came to the High court. Even at that stage the High Court called for the case diary and was satisfied about the existence of prima facie materials and consequently refused to release the accused person on bail. Subsequent to the said order, the accused approached the High Court in filing an application under Section 482 of the Code of criminal Procedure praying that the FIR should be quashed and the investigation should be stopped. Curiously the High Court was persuaded to accept the submission of the accused at that stage and by the impugned order the fir has been quashed.