The court dismissed a Criminal Petition under Section 482 Cr.P.C. seeking quashing of an FIR, observing that the investigation was complete and the charge sheet had been filed, leaving nothing for adjudication regarding the FIR itself.
Petition dismissed; liberty to seek quashing of charge sheet preserved.
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.1197 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of F.I.R in Crime No.511 of 2020 of Pattabhipuram Police Station, Guntur District, registered for the offences punishable under Sections 188, 269 IPC, Section 3 of the Epidemic Disease Act, 1897 and under Section 51(b) of the Disaster Management Act, 2005.
At the time of hearing the Criminal Petition, learned Additional Public Prosecutor would submit that entire investigation in this case is completed and charge sheet is also filed in the trial Court and that the number is awaited.
Therefore, as the charge sheet is now filed in the trial Court, nothing survives for adjudication in this Criminal Petition, which is filed seeking quash of the F.I.R.
So, the Criminal Petition is dismissed. However, the petitioners are at liberty to seek quash of the charge sheet, if they feel aggrieved by the same.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 23.07.2021 AKN
2
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.1197 of 2021
Date: 23-07-2021
AKN
2 issues framed by the court
Whether a Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of an FIR can be adjudicated after the charge sheet has been filed.
What relief is available to the petitioner once investigation is completed and charge sheet filed.
4 provisions across 4 enactments
Cheekati Manavendranath Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
