Dismissed

Sindhuja v. the Insector of Police

Madras HC3 Jan 2019CRL OP/6219/2013

Case brief

AI extract

What is this about?

The court dismissed a criminal original petition seeking quashing of an FIR as infructuous because the investigation was completed and a charge sheet had been filed. The accused were prosecuted in a criminal court for cheating and criminal breach of trust. Liberality was given to challenge the charge sheet via a fresh petition.

What did the court decide?

Petition dismissed as infructuous; liberty granted to challenge the charge sheet by filing a fresh petition.

Sindhuja Vs the Insector of Police — Quashing and FIR | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.01.2019

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CORAM:

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

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Crl.O.P.No.6219 of 2013

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Sindhuja 2. Vivin Prasanna ... Petitioners

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Vs.
1. State rep. by
Inspector of Police,
Karamadai Police Station,
Coimbatore District.
2. S.Ponnammal ... Respondents
PRAYER: Criminal Original Petition filed under Section 482
of Cr.P.C., praying to call for the records pertaining to
the F.I.R in Crime No.60 of 2012, on the file of the
Inspector of Police, Karamadai Police Station, Coimbatore
District and quash the same.

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For Petitioner : Mr.G.Karthikeyan
For Respondents : Mr.R.Surya Prakasam,
Government Advocate(Crl. Side) for R1
: Mr.T.Thiageswaran
for M/s.Waraon and Sai Rams for R2
O R D E R

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This petition has been filed by the accused Nos.2 and 3 to quash the F.I.R in Crime No.60 of 2012 on the file of the first respondent.

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The learned Government Advocate (Criminal Side) who is appearing for the first respondent has submitted that during pendency of this petition, investigation has been completed and charge sheet has been filed against the petitioners herein under Sections 406 and 420 of I.P.C and based on the said charge sheet, the case was taken on file in C.C.No.45 of 2017 on the file of the Judicial Magistrate, Mettupalayam and hence he requests to dismiss this petition as infructuous.

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The learned Counsel for the petitioners has submitted that if this Court is inclined to dismiss this https://hcservices.ecourts.gov.in/hcservices/ petition as infructuous, liberty may be given to the

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petitioners to challenge the charge sheet by filing fresh petition.

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Considering the aforesaid submissions, since charge sheet has been filed and the case was taken on file in C.C.No.45 of 2017 on the file of the Judicial Magistrate, Mettupalayam, this petition is dismissed as infructuous. It is open to the petitioners to challege the charge sheet in accordance with law.

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Sd/--

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Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
vv
To
1. The Judicial Magistrate,
Mettupalayam
2. The Inspector of Police,
Karamadai Police Station,
Coimbatore District..
3.The Public Prosecutor,
Madras High Court,
Chennai.
+1cc to Mr. G.Karthikeyan, Advocate SR.No. 602

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+1cc to M/s.Waraon and Sai Rams , Advocate SR.No. 624

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Crl.O.P.No.6219 of 2013

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A.SK(12/02/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Sindhuja v. the Insector of Police

Case brief

What is this about?

What did the court decide?

Sindhuja v. the Insector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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