1. By way of this petitions under Section 482 of the Code of Criminal Procedure respective petitioners-original accused has prayed for the following relief;
11i) that the Hon'ble Court may be pleased to issue a writ of mandamus and/or other appropriate writ directing the Investigating Officer of Naranpura Police Station not to effect the arrest of the petitioner in C.R. No. I – 97/2001 registered at Naranpura Police Station;
2. At the outset, it is required to be noted that as on today the petitioners-original accused is not formally arrested and the chargesheet qua them is not submitted before the concerned Magistrate.
3. Shri Dabhi, learned APP has stated that even the investigation qua the petitioners-original accused is concluded and formal chargesheeet against the petitioners could not be filed in the Court of the learned Magistrate qua the petitioners as the petitioners was not arrested and according to the Investigating Officer they were absconding and thereafter there was stay granted by this Court.
4. Shri A.D. Shah, learned advocate appearing on behalf of the petitioners-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 petitioners could have been chargesheeted and/or even supplementary chargesheet could have been filed against the petitioners even without formal arrest of the petitioners. He has submitted that even otherwise the petitioners shall appear before the concerned Investigating Officer on 03/02/2012 and the petitioners may be formally arrested and released on bail and appropriate report and/or supplementary chargesheet can be filed against the petitioners.
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 petitioners is continued since 2004, the present petitions are disposed of by directing the petitioners to appear before the concerned Investigating Officer on 03/02/2012 (as stated by Shri A.D. Shah, learned advocate appearing on behalf of the petitioners) and the petitioners may be formally arrested so that the Investigating Officer, if thinks fit, submits the supplementary chargesheet against the petitioners before the concerned Magistrate or appropriate report. However, thereafter, the petitioners-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