The Supreme Court in the case Mamta Shailesh Chandra versus State Of Uttarakhand And Ors observed that if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, thus, the High Court is not restrained from exercising its inherent jurisdiction and 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., charge sheet and other documents.
the bench comprising of Justice Aniruddha Bose and Justice Sanjay Kumar in the case observed 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., charge sheet and other documents
the court also referred to the case Joseph Salvaraj A. vs. State of Gujarat and Ors.
In the present case, the appellant-accused has filed a petition under Section 482 of the Code of Criminal Procedure, CrPC for quashing an FIR registered against him for the alleged commission of offences punishable under Section 420 and Section 409 of the Indian Penal Code 1860, IPC.
The High Court in the case observed and has dismissed the petition as infructuous and directed the accused to surrender before the concerned court.
Therefore, the ground on which the High Court has dismissed the quashing plea is that the charge sheet had been submitted after filing of the quashing petition.
The High Court in the case concluded that the criminal writ petition had become infructuous.
The accused-appellant preferred a criminal appeal before the Supreme Court, while challenging the impugned judgment of the High Court.
The court also relied on its judgement in the case Joseph Salvaraj A. vs. State of Gujarat & Ors, which is squarely being applicable to the present case, disagreed with the view of the High Court.
The court in the case noted that this court 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 July 04, 2011 in the case of Joseph Salvaraj A. vs. State of Gujarat & Ors.
Therefore, the said case arise from the quashing plea of an F.I.R., where chargesheet was submitted after institution of the petition under Section 482 of the Code of Criminal Procedure 1973.
The Coordinate bench of the said court in the case 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.
The court in the case observed and has allowed the appeal of the accused-appellant and directed the High Court to hear the quashing petition preferred by the accused on merit. Thus, the said court ordered the stay on the arrest of the accused till the High Court decides the petition of the accused on merit.
The court while considering the facts and circumstances of the case observed and has set aside the impugned order and remand the matter to the High Court. Thus, 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. The said court issue this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.
Accordingly, the court allowed the appeal.
