Quashing petition remains alive after later chargesheet; merits must still be examined, with interim arrest protection granted.

Filing of a chargesheet after a quashing petition is instituted does not, by itself, render the petition infructuous; the court may still examine the FIR, chargesheet and other material to determine whether the alleged offences are prima facie made out. The earlier dismissal on infructuousness was unsustainable, and the matter had to be heard on merits. Pending fresh merits consideration, interim protection against arrest was granted to preserve the efficacy of the proceedings, subject to further orders if detention later became necessary.

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Issues: (i) Whether the quashing petition had become infructuous merely because the chargesheet was filed after the petition was instituted; (ii) Whether interim protection against arrest could be granted pending reconsideration of the quashing petition on merits.

Issue (i): Whether the quashing petition had become infructuous merely because the chargesheet was filed after the petition was instituted.

Analysis: The filing of a chargesheet after institution of a quashing petition does not, by itself, render the proceeding infructuous. The merits of the challenge can still be examined on the basis of the FIR, the chargesheet, and other relevant materials to see whether the alleged offences are prima facie made out. The earlier dismissal on the ground of infructuousness was therefore unsustainable.

Conclusion: The petition did not become infructuous merely because the chargesheet was filed later, and the matter had to be heard on merits.

Issue (ii): Whether interim protection against arrest could be granted pending reconsideration of the quashing petition on merits.

Analysis: Since the matter was being sent back for merits consideration, and the materials disclosed did not justify immediate arrest, interim protection was warranted to preserve the efficacy of the pending proceedings. The protection was made operative until the High Court decided the petition on merits, subject to any later development necessitating detention.

Conclusion: Interim protection against arrest was granted pending the High Court's fresh decision on merits.

Final Conclusion: The dismissal of the quashing petition was set aside, the matter was remitted for merits adjudication, and the appellant obtained interim protection in the meantime.

Ratio Decidendi: Filing of a chargesheet after institution of a quashing petition does not automatically render the petition infructuous; the court may still examine whether the alleged offences are prima facie made out on the available materials.

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