Heard Mr. Majmudar, Ld. Advocate for the applicants and perused the papers annexed with this application. It is further submitted that in the instant matter, the investigation is over and charge-sheet came to be filed on 3/6/2011 qua the present applicants and the names of the original accused nos. 1, 2 and 3 have been referred in column no. 2 of the charge-sheet since they are not available in India. Mr. Majmudar took me through the FIR and submitted that so far as the present applicants are concerned, no role is attributed by the respondent no. 2 - original complainant to them in connection with the alleged offence. It is further submitted that, therefore, even the charge-sheet deserves to be quashed.
Having considered the submissions advanced by Mr. Majmudar, Ld. Advocate for the applicants, so also considering the fact that the FIR filed by the respondent no. 2 came to be investigated and ultimately resulted into lodgement of charge-sheet against the present applicants, this application, therefore, cannot be decided solely on the basis of the FIR - Annexure-A and for that purpose, the entire investigation papers submitted with the charge-sheet are required to be considered. The said exercise can very well be undertaken by the trial Court if appropriate application is filed by the applicants for discharge or for any other relief.
In the above view of the matter, at this stage, this Court is of the opinion that instead of proceeding further in this matter, necessary direction is required to be issued.
For the foregoing reasons, this application is not entertained and admitted, reserving liberty of the applicants to move the trial Court for appropriate relief. The trial Court shall decide any such application, if at all filed, on the basis of its merits, uninfluenced by the fact that this application under section 482 of the Criminal Procedure Code was filed and subsequently came to be disposed of by this Court without examining merits.
Application stands disposed of accordingly.
(J.C.UPADHYAYA, J.) * Pansala.
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