A quashing petition under Section 482 CrPC was closed without adjudication because the lower court had already taken cognizance and posted the case. Petitioner's contentions were not examined and defences left open.
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Crl.O.P(MD)No.12337 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12337 of 2019 and
Crl.M.P.(MD)No.7746 of 2019
Dr.P.Maragatham ... Petitioner/3rd Accused
Vs
1.The Superintendent of Police, Central Bureau of Investigation, ACB-Madurai, Madurai. (In Cr.No.R.C.229 2019 A 0012 dated 03.07.2019) ...1st Respondent/Complainant
2.M.Paramasivam ...2nd Respondent/Defacto Complainant
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the FIR filed in Cr.No.R.C.229 of 2019 A 0012, dated 30.07.2019 on the file of the first respondent and quash the same.
For Petitioner: Mr.S.K.Mani
For R1 : Mrs.L.Victoria Gowri Special Public Prosecutor for CBI For R2 : Mr.C.Jawahar Ravindran
ORDER
Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the first respondent and the learned counsel for the second respondent.
2.This Criminal Original Petition has been filed for quashing the impugned First Information Report.
3.When the matter was taken up for hearing, a report was received from the learned Chief Judicial Magistrate, Trichy that cognizance of the offence has been taken and the case has been numbered as C.C.No.1393 of 2020 and posted to 05.01.2021. Therefore, nothing survives for further adjudication. It is for the petitioner to work out her rights in the manner known to law. https://hcservices.ecourts.gov.in/hcservices/ I make it clear that the contentions of the petitioner have not
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Crl.O.P(MD)No.12337 of 2019
been gone into and all her defences are left open. This Criminal Original Petition stands closed. Consequently, connected miscellaneous petition is also closed.
Assistant Registrar (CS-III)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
rmi
Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Central Bureau of Investigation, ACB-Madurai, Madurai.
2.The Special Public Prosecutor for CBI, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.12337 of 2019 09.12.2020
KM (17.12.2020) 2P 3C
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1 issue framed by the court
Whether the quashing petition survives when cognizance has already been taken by the Court below.
Dr. P. Maragatham
The Superintendent of Police, Central Bureau of Investigation
M. Paramasivam
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
