[1.0] Present Special Criminal Application under Articles 226, 227 of the Constitution of India has been preferred by the petitioners herein – original accused to quash and set aside the impugned FIR being C.R. No.I98/2004 registered before Jawaharnagar Police Station, Vadodara filed by respondent No.2 herein – original complainant for the offences punishable under Sections 403, 406, 409, 415, 420, 114 read with Section 120B of the Indian Penal Code, 1860. [2.0] It is not in dispute and even so stated in the present petition itself that after the investigation of the aforesaid FIR is concluded, the Investigating Officer has filed the chargesheet before the Court of learned Judicial Magistrate, First Class, 4th Court, Vadodara bearing Criminal Case No.1855/2005 as far as back on 12.09.2005 and despite the same as such neither there is a prayer to quash and set aside the said chargesheet and/or even the chargesheet papers are also not placed on record. The present Special Criminal Application has been preferred after a period of 1 year and 3 months of filing of the chargesheet by the concerned Investigating Officer. In view of the above, the present petition is not further entertained and/or considered on merits and the petitioners are relegated to submit appropriate application for discharge before the concerned Magistrate who will be in a better position to appreciate the facts and the material on record produced along with the chargesheet and he will be in a position to decide whether the charge is required to be framed against the petitioners or not.
[3.0] After the arguments were concluded on behalf of the petitioners and an objection was raised by the learned counsel appearing on behalf of the original complainant pointing out that as the chargesheet is already filed as far as back in the year 2005 and despite the same there is no prayer in the petition to quash and set aside the chargesheet and that the petitioners have a remedy available either to submit appropriate application and even the chargesheet papers are not placed on record, in that case, the petitioners can approach the learned Magistrate by submitting appropriate application for discharge and/or making appropriate submissions before the concerned Magistrate at the time of framing of the charge and at that stage the learned counsel appearing on behalf of the petitioners have requested to grant some time permitting the petitioners to amend the petition and challenge the chargesheet. The aforesaid prayer is rejected as not only the same is belatedly made but even this Court is of the opinion that learned Magistrate would be in a position to consider the entire case considering the material on record produced along with the charge sheet papers (which are not on record) and he will be in a position to appreciate the facts before him in case any application is submitted before the him for discharge and/or it will be open for him to make submissions at the time of framing of the charge. At this stage it is required to be noted that it is not the case that the chargesheet has been filed subsequently during the pendency of the proceedings. Before the present petition was filed in the year 2007, 1 year and 3 months prior to that the chargesheet was already filed and even it is so stated in the petition, still for the reasons best known to the petitioners, they did not pray to quash and set aside the chargesheet and even the chargesheet papers were not placed on record.
[4.0] Under the circumstances, without further entering into the merits of the case and/or without expressing anything on merit in favour of either parties, present petition is dismissed relegating the petitioners to submit appropriate application before the concerned Magistrate for discharge and/or making appropriate application before the learned Magistrate at the time of framing of charge and it is observed that as and when such an application is made and/or such a plea is raised before the concerned Magistrate, the same be considered by the Magistrate in accordance with law and without in anyway being influenced by the present order of not entertaining the present petition as this Court has not expressed anything on merits. Rule is discharged. Adinterim relief, if any, granted earlier stands vacated forthwith.
(M.R. Shah, J.) menon