Criminal Original Petition filed to quash an FIR. The High Court noted that investigation had resumed after a previous stay was refused due to missing documentary evidence and witness observations. The petition was disposed of without quashing.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.07.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.14540 of 2018
Dr. U.Arivaruliyar ... Petitioner/Accused-2
Vs. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City-III, Detachment, Alandur, Chennai-600 016 ... Respondent/Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the FIR No.3/AC/2018/CC-III of 2018 filed by the respondent.
For Petitioner : Mr.C.Kasirajan For Respondent : Mr.K.Prabakar Additional Public Prosecutor ORDER
This Criminal Original Petition has been filed seeking to quash the FIR No.3/AC/2018/CC-III of 2018 filed by the respondent.
2 Perused the petition and counter. This is not a case to quash the FIR. But,however from the counter, this Court finds that the respondent has started the investigation, after this Court refused to extend the stay of investigation. Certain documentary evidences are to be collected from the Government officials and few more witnesses to be examined.
3 The learned Additional Public Prosecutor would submit that if there is any incriminating evidence collected in the investigation, they may proceed further or they will drop proceedings. If the petitioner co-operates, within three months they can complete the investigation.
4 Recording the same, this Criminal Original Petition is disposed of.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rpl
To
1 The Deputy Superintendent of Police,
Vigilance and Anti-Corruption,
Chennai City-III, Detachment,
Alandur, Chennai-600 016
2 The Public Prosecutor,
High Court, Madras.
+1cc to Mr.C.KasiRajan, Advocate Sr.50716
Crl.O.P.No.14540 of 2018
sr[co]
srg 9/8/2018
1 issue framed by the court
Whether the FIR should be quashed under Section 482 CrPC given that investigation has commenced with identified lacunae.
1 provisions across 1 enactments
Dr. U. Arivaruliyar
Deputy Superintendent of Police, Vigilance and Anti-Corruption
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
