This judicial application under Section 482 CrPC to quash an FIR was dismissed as infructuous. The respondent advocate submitted that the accused had already been acquitted in the trial court following a charge sheet, rendering the petition unnecessary.
Petition dismissed as infructuous; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.27438 of 2013
and
M.P.No.1 of 2013
1.Pollu @ Mohanraj 2.Gnana @ Shankar ...Petitioners/Accused Nos.1 & 2
Vs. 1.The State of Tamil Nadu, Rep. by the Inspector of Police, P-1, Pulianthope Police Station, Chennai. ... 1st Respondent / Complainant 2.S.Varalakshmi ... 2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.679 of 2013 on the file of the 1st Respondent and quash the same.
For Petitioners :Mr.C.K.M.Appaji For Respondents :Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side) for R1 R2: No Appearance O R D E R
This petition has been filed by the accused Nos.1 and 2 to quash the FIR in Crime No.679 of 2013 on the file of the first respondent .
Sd/-
Assistant Registrar(CS v)
//True Copy//
Sub Assistant Registrar
vsa
To
1.The X th Metropolitan Magistrate,
Egmore, Chennai
2.The Inspector of Police,
P-1, Pulianthope Police Station,
Chennai.
3.The Public Prosecutor,
Madras High Court,
Chennai.
CRL.O.P.No.27438 of 2013
and
M.P.No.1 of 2013
ASK(26/11/2018)
2 issues framed by the court
Whether the criminal original petition regarding quashing of FIR is maintainable when the accused were acquitted in the trial.
Whether to dismiss the petition as infructuous.
1 provisions across 1 enactments
1.Pollu @ Mohanraj
2.Gnana @ Shankar
The State of Tamil Nadu, Rep. by the Inspector of Police
S.Varalakshmi
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
