2024 (1) TMI 1297 - SCH - Indian Laws

Seeking quashing an F.I.R. registered alleging commission of offences punishable under Sections 420 409 of the Indian Penal Code 1860 - financial irregularities detected in a Cooperative Bank of which the appellant was posted as a Branch Manager - chargesheet had been submitted subsequent to filing of the quashing petition. HELD THAT - The reasoning of the High Court for dismissing the writ petition of the appellant, not agreed upon, having regard to the ratio of the judgment of this Court in the case of JOSEPH SALVARAJ A. VERSUS STATE OF GUJARAT AND ORS. 2011 (7) TMI 1378 - SUPREME COURT . That was a case arising 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. 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. The impugned order set aside - matter remanded to the High Court. Let the High Court hear the criminal writ petition on merit - appeal allowed.

Summary

Issues:
Petition for quashing F.I.R. under Sections 420 & 409 IPC - Dismissal by High Court due to chargesheet submission - Applicability of previous judgment - Jurisdiction under Article 142 of the Constitution.

Analysis:
The appellant filed a criminal writ petition in the High Court seeking to quash an F.I.R. alleging offences under Sections 420 & 409 of the Indian Penal Code. The High Court dismissed the petition as chargesheet was submitted post the filing, deeming it infructuous. The Supreme Court disagreed with this reasoning citing a previous judgment where it was held that even if a chargesheet is filed, the court can assess the prima facie existence of alleged offences based on the F.I.R. and other documents. Therefore, the Supreme Court set aside the High Court's order and remanded the matter for a merit-based hearing on the criminal writ petition.

The Supreme Court directed that the appellant should not be arrested for the alleged offences until the High Court decides on the petition's merit, unless new developments necessitate detention. This direction was issued under Article 142 of the Constitution of India, granting temporary protection to the appellant. The appeal was allowed on these terms, and any pending applications were disposed of accordingly. The judgment emphasizes the importance of considering the allegations based on the F.I.R. and related documents, even if a chargesheet has been filed, and highlights the Court's authority to issue protective directions under Article 142.