An accused filed a Criminal Original Petition under Section 482 CrPC to quash the FIR invoking abuse of process. The court observed that a charge sheet was filed during the pendency, rendering the petition infructuous, and dismissed it.
The petition to quash the FIR is dismissed as infructuous due to the filing 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2018
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
Crl.O.P.No.2871 of 2016
1.S.Yuvaraja, M/a.23 yrs.,
S/o.Subramani,
No.4/32, Jagathambigai Street,
Thiruvelliswar Nagar,
Thirumangalam,
Chennai-600 040.
2.K.Sathish Kumar, M/a. 24 yrs.,
S/o.Krishnamoorthy,
No.4/32, Jagathambigai Street,
Thiruvelliswar Nagar,
Thirumangalam,
Chennai – 600 040. ...Petitioners/Accused
Vs.
1.The State rep. by
The Inspector of Police,
V-5, Thirumangalam Police Station,
Thirumangalam. ... 1 st Respondent/Complainant
2.S.Kalyanasundaram, M/a.40 yrs.,
S/o.Sesachalam Naidu,
No.12/2, Welcome Colony,
Anna Nagar West Extension,
Chennai- 600 101. ...2 nd Respondent/Defact Complainant
PRAYER : This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR registered in Crime No.555 of 2015 on the file of the inspector of Police, V-5 Thirumangalam Police Station, Thirumangalam, Chennai and quash the same.
For Petitioners : Mr.B.Ganesha Moorthy For R1 : Mr.T.Shunmugarajeswaran, Government Advocate (Crl.Side) For R2 : No Appearance
O R D E R
This Criminal Original Petition has been filed by the accused person to quash the FIR in Crime No.555 of 2015 on the file of the Inspector of Police, V5, Thirumangalam Police Station, Thirumangalam, Chennai.
2.The learned Government Advocate (Crl.Side) who is appearing for the first respondent has submitted that during the pendency of this petition, investigation has been completed and a charge sheet has been filed on 28.09.2018 before the Chief Metropolitan Magistrate Court, Egmore, Chennai-03 and the said case is not yet taken on file.
3.Considering the aforesaid submissions that already
charge sheet has been filed, this petition has become
infructuous and therefore, this petition is dismissed.
stm/mm
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1.The Inspector of Police,
V-5, Thirumangalam Police Station,
Thirumangalam.
2.The Public Prosecutor,
High Court, Madras.
KAN(CO)
kak(19/12/2018)
1 issue framed by the court
Whether a criminal Original Petition under Section 482 CrPC to quash an FIR is maintainable after the charge sheet is filed.
1 provisions across 1 enactments
S.Yuvaraja
K.Sathish Kumar
The State
S.Kalyanasundaram
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
