The single judge dismissed a Criminal Original Petition under Section 482 CrPC as infructuous because the police had filed a final report and cognizance was taken in the connected criminal case. Liberty was granted to challenge the final report.
Petition dismissed as infructuous; liberty granted to challenge the final report.
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: 15.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.2354 of 2019 and Crl.M.P.No.1531 of 2019
V.Subramanian
...Petitioner
-Vs-
Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for the records in Crime No.17 of 2018 on the file of All Women Police Station, Pollachi and quash the same.
This Criminal Original Petition has been filed to quash the proceedings FIR in Crime No.17 of 2018 pending on the file of All Women Police Station, Pollachi.
the file of All Women Police Station, Pollachi and hence, the prayer sought for by the petitioner has become infructuous. However, the liberty is granted to the petitioner to file challenge the final report.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
msm
To
1. The State, Represented by;
The Inspector of Police,
All Women Police Station,
Mahalingapuram, Pollachi.
2. The Public Prosecutor,
High Court, Madras.
+1 cc to M/s SM.Kothai Muthu Meenal, Advocate, S.R.No.25808
Crl.O.P.No.2354 of 2019
RSV(CO)
SSM(22/04/2019).
3 issues framed by the court
Whether the Criminal Original Petition under Section 482 CrPC to quash the FIR remains maintainable after the filing of the final report in the connected chargesheet.
Whether the prayer to quash the proceedings has become infructuous due to the closure of investigation via final report.
Whether liberty should be granted to challenge the final report before dismissing the petition as infructuous.
1 provisions across 1 enactments
V.Subramanian
The State
N.Jaya
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
