Mamta Shailesh Chandra v. State of Uttarakhand and Others, January 29, 2024 Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019)

Mamta Shailesh Chandra v. State of Uttarakhand and Others, January 29, 2024 Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019)

Latest Judgments Mamta Shailesh Chandra v. State of Uttarakhand and Others January 29, 2024 Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019)

mamta-shailesh-chandra-v.-state-of-uttarakhand-and-othersDownload

Mamta Shailesh Chandra v. State of Uttarakhand and Others, January 29, 2024 Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019)

Latest Judgments Mamta Shailesh Chandra v. State of Uttarakhand and Others January 29, 2024 Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019)

(Aniruddha Bose and Sanjay Kumar, JJ.)

Mamta Shailesh Chandra _____________________________ Appellant;

v.

State of Uttarakhand and Others ___________________ Respondent(s).

Criminal Appeal No(s). of 2024 (Arising from SLP (Crl.) No(s). 7273/2019), decided on January 29, 2024

The Order of the court was delivered by

Order

1. Leave granted.

2. 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 Sections 420 & 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.

3. 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 04.07.2011 in the case of Joseph Salvaraj A. v. State of Gujarat 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 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.

4. 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.

5. The present appeal stands allowed in the above terms.

6. Pending application(s), if any, shall stand disposed of.