Court dismissed a Crl.O.P. seeking quashing of an FIR under Section 482 CrPC as the prayer became infructuous since the investigation was completed and a charge-sheet had been filed by the complainant.
Petition dismissed as infructuous due to filing of charge-sheet; connected petition also dismissed.
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 : 03.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.1024 of 2013 and M.P.(MD).No.1 of 2013
Dr.Lubna Akbar .. Petitioner/Sole Accused Vs.
1.The Inspector of Police, City Crime Branch, Tirunelveli City, .. Respondent/Complainant
2.S.E.Farooq .. Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records the FIR in Crime No.85/2012 on the file of City Crime Branch, Tirunelveli Corporation and quash the same.
For Petitioner : Mr.S.C.Herold Singh For Respondent No.1 : Mr.APG.Ohm Chairma Prabhu Government Advocate (Crl. Side) For Respondent No.2 : Mr.S.Ragaventhre
O R D E R
This Criminal Original Petition has been filed to pass an order to call for the records, FIR in Crime No.85/2012 on the file of City Crime Branch, Tirunelveli Corporation and quash the same.
2.The learned Government Advocate (Crl. Side) submitted that investigation completed and charge sheet has been filed before the concerned Judicial Magistrate Court and the same was taken on file as C.C.No.141 of 2017.
3.Therefore, the prayer sought for in this petition becomes infructuous. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.
Sd/ Assistant Registrar(P&A)
/True copy/
Sub Assistant Registrar(CS-II)
To
1.The Inspector of Police, City Crime Branch,
https://hcservices.ecourts.gov.in/hcservices/ Tirunelveli City, Tirunelveli District.
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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.C.Herold Singh, Advocate, SR.No.88364
Crl.O.P.(MD).No.1024 of 2013 and M.P.(MD).No.1 of 2013
03.10.2018
tm KK/RSK/SAR-2/19.11.2018/2P-4C
1 issue framed by the court
Whether a petition to quash an FIR under Section 482 CrPC is maintainable when a charge-sheet has already been filed with the court.
1 provisions across 1 enactments
Dr. Lubna Akbar
The Inspector of Police, City Crime Branch
S.E. Farooq
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
