1. The present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused No.2 to quash and set aside the impugned FIR being C.R.No.I-216 of 2009 registered with Jamnagar City “A” Division Police Station for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code.
2. As the investigation is in progress and investigation with respect to impugned FIR is yet to be made by the concerned Investigating Officer, Mr.Tushar Sheth, learned advocate appearing on behalf of the applicant herein – original accused No.2 does not press the present application. However, he has requested to direct the concerned Investigating Officer not to arrest the applicant herein – original accused No.2 for a period of 10 days so as to enable the applicant herein – original accused No.2 to submit an appropriate application for anticipatory bail as in view of the stay granted by this Court, there was no further investigation and, therefore, the applicant herein – original accused No.2 did not apply for anticipatory bail.
3. In view of the above, the present application is dismissed as not pressed at this stage, without entering into the merits of the case and without expressing anything on merits in favour of either of the parties. In case, after the investigation is concluded and the applicant is charge-sheeted, it will be open for the applicant herein – original accused No.2 to submit an appropriate application for discharge, which may be considered in accordance with law and on merits.
4. Considering the request made by Mr.Tushar Sheth, learned advocate appearing on behalf of the applicant herein and considering the fact that there was an ad-interim stay of further investigation, the concerned Investigating Officer is hereby directed not to arrest the applicant herein – original accused No.2 till 27/01/2012. However, it is made clear that any application for anticipatory bail is submitted by the applicant herein – original accused No.2, the same shall be considered by the learned Magistrate in accordance with law and on merits and without in any way being influenced by the present order directing the concerned Investigating Officer not to arrest the applicant herein – original accused No.2 till 27/01/2012. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti