MAMTA SHAILESH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted. The appellant had filed a criminal writ petition before the High Court of Uttarakhand at Nainital for quashing an F.I.R. registered alleging commission of offences punishable under Ss. 420 and 409 of the Indian Penal Code 1860. The proceeding arose on account of certain financial irregularities detected in a Cooperative Bank of which the appellant was posted as a Branch Manager. The ground on which the High Court has dismissed the quashing plea is that chargesheet had been submitted subsequent to filing of the quashing petition. On that basis, the High Court came to the conclusion that the criminal writ petition had become infructuous. We do not agree with the reasoning of the High Court for dismissing the writ petition of the appellant, having regard to the ratio of the judgment of this Court delivered on 4/7/2011 in the case of Joseph Salvaraj A. vs. State of Gujarat and Ors. reported in 2011 (7) SCC 59. That was a case arising from the quashing plea of an F.I.R., where chargesheet was submitted after institution of the petition under Sec. 482 of the Code of Criminal Procedure 1973. A Coordinate Bench of this Court opined that even if the charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., chargesheet and other documents.

(2.) We, accordingly, set aside the impugned order and remand the matter to the High Court. Let the High Court hear the criminal writ petition on merit. We also direct, on the basis of materials disclosed, that the appellant shall not be arrested for the offences alleged in the said F.I.R. until the High Court decides the criminal writ petition on merit, unless a case is made out before the High Court that the appellant's detention is necessary on account of any development subsequent to filing of the chargesheet. We issue this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.

(3.) The present appeal stands allowed in the above terms. Pending application(s), if any, shall stand disposed of.