2019 (7) TMI 2032 - HC - Indian Laws

Seeking quashing of FIR - offences punishable under Sections 420, 409 I.P.C. - HELD THAT - In view of the statement of learned Deputy Advocate General, this criminal writ petition has become infructuous and the same is dismissed as such. The petitioner is directed to surrender before the Court concerned on or before 02.08.2019. It is made clear that as soon as the petitioner appears before the Court below and moves bail application, the same shall be considered as far as possible on the same day itself on its merit.

Summary

Issues:
1. Quashing of F.I.R. dated 08.07.2018 under Sections 420, 409 I.P.C.
2. Infructuous nature of the criminal writ petition.
3. Direction for the petitioner to surrender before the Court.
4. Bail application consideration process.

Analysis:
1. The petitioner filed a petition seeking the quashing of the F.I.R. dated 08.07.2018, registered under Sections 420, 409 I.P.C. at P.S. Lamgara, District Almora. The Deputy Advocate General informed the court that a charge sheet had been filed against the petitioner after the investigation was completed. Consequently, the criminal writ petition was deemed infructuous and dismissed accordingly.

2. The statement made by the learned Deputy Advocate General regarding the completion of the investigation and filing of the charge sheet rendered the criminal writ petition infructuous. As a result, the court dismissed the petition on this basis, indicating that the purpose of the petition was no longer valid due to the subsequent legal developments in the case.

3. In light of the dismissal of the criminal writ petition, the petitioner was directed to surrender before the concerned Court on or before 02.08.2019. It was explicitly mentioned that upon surrender and the filing of a bail application, the application would be considered promptly on its merits. If the bail application was deferred or rejected for any reason, the papers would be forwarded to the Sessions Court for immediate consideration on the same day.

4. The court provided clear directions for the petitioner to surrender and outlined the procedure for the consideration of the bail application. Emphasizing the importance of timely processing, the court instructed that the bail application should ideally be decided on the same day it is presented, either by the Magistrate or forwarded to the Sessions Court for prompt resolution. This procedural guidance aimed to ensure swift and efficient handling of the petitioner's legal matters following the dismissal of the writ petition.