This court closed a petition seeking quashment of an FIR held infructuous due to the filing of a charge sheet, though it granted liberty to file a separate challenge to the charge sheet.
Petition closed; liberty granted to challenge 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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD)No.2771 of 2017
Navaneethan
: Petitioner/Accused No.1
-Vs-
1.State rep. by The Inspector of Police, Thirukokarnam Police Station, Pudukottai District. : 1st Respondent/Complainant
2.Bangatlal Indoria : 2nd Respondents/Defacto/ Complainant
PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records relating to FIR in Crime No.211 of 2011 on the file of the first respondent and quash the same.
For Petitioner : Mr.V.Sitharanjandas For Respondent No.1 : Mr.A.P.Balasubramani, Government Advocate (Crl.side)
O R D E R
On the complaint given by the second respondent, the first respondent registered a case in Crime No.211 of 2011 on 28.04.2011, challenging which, the petitioner filed the present quash application on 08.03.2017. When the matter came up for admission on 20.03.2017, it was represented by the State that charge sheet in this case was filed. Therefore, this Court called for a report from the learned Judicial Magistrate, Pudukkottai. The learned Judicial Magistrate, Pudukkottai, has sent a report dated 27.03.2017, in which, it is stated that charge sheet in Crime No.211 of 2011 has been filed on 24.03.2017 and the same has been taken on file as C.C.No.51 of 2017.
2
into a memorandum of compromise on 30.07.2014, agreeing to withdraw the complaint given by him. Since the First Information Report was kept pending, the accused was forced to file the present quash application and during the pendency of the quash application, the police have filed a charge sheet on 24.03.2017, in order to frustrate this case.
Sd/-
Assistant Registrar(AD-II)
/True Copy/
Sub Assistant Registrar
To
1.The Inspector of Police, Thirukokarnam Police Station, Pudukottai District.
+1cc to Mr.V.Sitharanjandas, Advocate Sr.No.18800
SML
VB/SV/SAR2/13.04.2017/2P/4C
Order made in CRL.O.P.(MD) No.2771 of 2017 Dated: 03.04.2017
Navaneethan
State rep. by The Inspector of Police, Thirukokarnam Police Station, Pudukottai District
Bangatlal Indoria
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
