GANGARAM KANDARAM Vs. SUNDER CHIKHA AMIN

JUDGEMENT

(1.) The 1st respondent in this appeal is the writ petitioner and the 7th respondent in the writ petition is the appellant in this Writ Appeal. For the sake of clarity, the parties are referred to in this Appeal as arrayed in the writ petition,

(2.) The petitioner filed the Writ Petition No.7561/97 for issuance of a Writ of Mandamus to declare the action of respondents 1 to 6 in registering crimes under Sections 420 and 406 of Indian Penal Code against the petitioner in FIRs 14/97, 137/97 and 77/97 as illegal and quash the investigation initiated under the said FIRs. The learned single Judge allowed the writ petition by an order dated 6-8-1997 and quashed the FIRs and the petitioner, who was in judicial custody, was set at liberty.

(3.) Questioning the said order of the learned single Judge, this writ appeal is filed by the 7th respondent in the writ petition. A Division Bench of this Court while staying the impugned judgment by order dated 1-10-1997 to the effect that the investigation shall continue but cognizance shall not be taken by the Court until further orders in the Appeal and in view of the serious debatable issues involved, referred the case for a decision by the Full Bench on the following points: