MAMTA SHAILESH CHANDRA VERSUS STATE OF UTTARAKHAND & ORS., Citation 2024 (SC) 86
FACTS:
Briefly put, the appellant-accused has filed a petition under Section 482 Cr.P.C. for quashing an FIR registered against him for the alleged commission of offences punishable under Sections 420 & 409 of the Indian Penal Code 1860. The High Court dismissed the petition as infructuous and directed the accused to surrender before the concerned court. 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.
ISSUE: Whether the High Court is restrained from exercising its inherent jurisdiction if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR.
OBSERVATION:
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. On that basis, the High Court concluded that the criminal writ petition had become infructuous. Challenging the impugned judgment of the High Court, the accused-appellant preferred a criminal appeal before the Supreme Court.
The Supreme Court observed that if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, 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 court also ordered the stay on the arrest of the accused till the High Court decides the petition of the accused on merit.
