The Court dismissed a Criminal Petition under Section 482 Cr.P.C. seeking quash of an FIR because a charge sheet was already filed before the hearing, rendering the petition immaterial. The petitioner remains at liberty to seek quash of the charge sheet separately.
Petitioner at liberty to seek quash of the charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No.1929 of 2021
ORDER :
This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of F.I.R. in Crime No.491 of 2020 of Adoni I Town Police Station, Kurnool District, registered for the offences punishable under Sections 323, 326 r/w.34 of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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The miscellaneous petitions pending, if any, shall also stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:05.07.2021. cs
3 issues framed by the court
Whether a Criminal Petition seeking quash of an FIR survives when a charge sheet has been filed after an interim stay was granted.
Whether the petitioner is entitled to seek quashing of the FIR or only the charge sheet after investigation concluded.
Whether the charge sheet filing extinguishes the maintainability of a quashing petition under Section 482 Cr.P.C.
3 provisions across 3 enactments
Petitioner
State
CHEEKATI MANAVENDRANATH ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
