1. By way of this application under Section 482 of the Code of Criminal Procedure the applicant-original accused has prayed for the following reliefs;
6(A) The Hon'ble Court may be pleased to quash and set aside the chargesheet submitted by the Investigating Officer in the Court of Chief Judicial Magistrate (First Class), Gandhinagar qua the petitioner accused;
(B) The Hon'ble Court may be pleased to direct the Investigating Officer and/or the Chief Judicial Magistrate, Gandhinagar to delete the name of petitioner-accused mentioned by 'Red Ink' in Column No. 2 of the chargesheet which is registered as 'Criminal Case No. 6261/2004' pending in the Court of Chief Judicial Magistrate, Gandhinagar.”
2. At the outset, it is required to be noted that as on today the applicant-original accused is not formally arrested and the chargesheet qua her is not submitted before the concerned Magistrate as her name is shown in Column No. 2 only.
3. Shri Dabhi, learned APP has stated that even the investigation qua the applicant-original accused is concluded and formal chargesheeet against the applicant could not be filed in the Court of the learned Magistrate qua the applicant as the applicant was not arrested and according to the Investigating Officer she was absconding and, thereafter, there was stay granted by this Court.
4. Shri A.D. Shah, learned advocate appearing on behalf of the applicant-original accused has submitted that as observed by the Hon'ble Supreme Court in the case of Dinesh Dalmia Vs. C.B.I. reported in 2008 CR.L.J. 337 for filing the chargesheet/final report, arrest of the accused is not sine qua non and, therefore, it is submitted that the applicant could have been chargesheeted and/or even supplementary chargesheet could have been filed against the applicant even without formal arrest of the applicant. He has submitted that even otherwise the applicant shall appear before the concerned Investigating Officer on 01/02/2012 and the applicant may be formally arrested and released on bail and appropriate report and/or supplementary chargesheet can be filed against the applicant.
5. Having heard the learned advocates appearing on behalf of the respective parties and without further entering into the larger question whether in a petition/application under Section 482 of the Code of Criminal Procedure such an order of not to arrest can be passed or not, as interim order in favour of the applicant is continued since 2004, the present application is disposed of by directing the applicant to appear before the concerned Investigating Officer on 01/02/2012 (as stated by Shri A.D. Shah, learned advocate appearing on behalf of the applicant) and the applicant may be formally arrested so that the Investigating Officer, if thinks fit, submits the supplementary chargesheet against the applicant before the concerned Magistrate or appropriate report. However, thereafter, the applicant-original accused has to approach the concerned Court for regular bail within a period of one week from such formal arrest (as agreed), which shall be decided in accordance with law and on its own merits.
6. With this, the present application is disposed of. Rule is discharged.
(M.R. SHAH, J.) siji