Petitioner accused filed a PETITION under Section 482 CrPC to quash FIR. Respondent Government Advocate submitted investigation completed and charge sheet filed. Court dismissed PETITION as infructuous.
Criminal Original Petition dismissed as infructuous and connected Miscellaneous Petition closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2018
CORAM:
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
CRL.O.P.(MD)No.2104 of 2018 and CRL.M.P(MD)No.928 of 2018
Dharma
... Petitioner/ Sole Accused
-vs-
... 2nd Respondent/Defacto Complainant
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Crime No.1152 of 2017 on the file of the Inspector of Police, Theni Police Station, Theni District and quash the same.
For Petitioner : No appearance
For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the accused to quash the F.I.R. in Crime No.1152 of 2017 under Section 420 IPC and Section 15(3) of Indian Medical Council Act, 1956, pending on the file of the first respondent.
2.The learned Government Advocate (Crl.Side) has submitted that already investigation has been completed and the charge sheet has been filed before the Judicial Magistrate, Theni in C.C.No.123 of 2018.
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4.Recording the aforesaid submissions, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is also closed.
Sd/Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar
To
ls
MV:GT:SAR3:09/03/2018/2P/3C
CRL.O.P.(MD)No.2104 of 2018
19.02.2018
2 issues framed by the court
Whether the criminal original petition filed to quash the FIR is maintainable given the filing of the charge sheet.
If the investigation is completed and charge sheet filed, should the quashing petition be dismissed as infructuous.
3 provisions across 3 enactments
Dharma
The Inspector of Police, Theni Police Station, Theni District
PRAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
