Mamta Shailesh Chandra VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANIRUDDHA BOSE, SANJAY KUMAR
Mamta Shailesh Chandra – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
For the Petitioner(s): Mr. J.C.Gupta, Sr. Adv. Mr. Anurag Tomar, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. Jaswant Singh Rawat, AOR Mr. Vikas Negi, Adv. Mr. Kailash Chander Sharma, Adv. Mrs. Kamlesh Pant, Adv. Ms. Ikshita Parihar, Adv.

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 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, (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

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