The High Court dismissed the criminal original petition seeking quashment of an FIR. The Court held that since the Hon'ble Apex Court had already quashed the corresponding charge sheet, nothing was left to adjudicate in the current petition.
Criminal Original Petition stands dismissed and connected miscellaneous petition stands closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.7000 of 2020 and Crl.M.P.No.3814 of 2020
R.S.Bharathi ...Petitioner
Vs.
1. The State rep. by The Inspector of Police, E-3, Teynampet Police Station, Chennai – 600 018.
2.Kalyana Sundaram ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records FIR in Crime No.119 of 2020 on the file of the first respondent police and quash the same.
For Petitioner : Mr.Sai Sunder for Mr.R.Girirajan For R1 : Mr.A.Damodaran Additional Public Prosecutor For R2 : Mr.Hasan Mohamed Jinnah
O R D E R
This Criminal Original Petition is filed to call for the records FIR in Crime No.119 of 2020 on the file of the first respondent police and quash the same.
2.The petitioner is an accused in Crime No.119 of 2020 came to be registered for offence under Sections 3(1)(u) and 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 has filed the above said quash petition.
3.The learned Additional Public Prosecutor submits that on completion of investigation in Crime No.119 of 2020, charge sheet in Spl.C.C.No.1 of 2020 was filed before the Special Court No.1 for trial of cases relating to MPs' and MLAs' of Tamil Nadu, Chennai on 03.11.2020. The petitioner earlier filed a quash petition in Crl.O.P.No.20070 of 2020 before this Court seeking quashing of the charge sheet in Spl.C.C.No.1 of 2020 and the same was dismissed by this Court on 22.02.2021. Against which the petitioner had preferred a SLP(Crl.).No.2153 of 2021 in Criminal Appeal No.635 of 2021. The Hon'ble Apex Court by Judgment dated 19.07.2021, had setaside the order of this Court dated 22.02.2021 and quashed the charge sheet dated 03.11.2020 in Spl.C.C.No.1 of 2020 on the file of the Special Court No.1, for trial of cases relating to MPs' and MLAs' of Tamil Nadu, Chennai.
4.In view of the same, nothing survives for adjudication in this petition. Hence, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition stands closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
ah
To
1. The Special Judge,
2. The Inspector of Police,
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.7000 of 2020 and Crl.M.P.No.3814 of 2020
KG[co] NSK 30/11/2021
1 issue framed by the court
Whether the criminal original petition seeking quashment of the FIR has any surviving issue for adjudication given the Apex Court has already quashed the charge sheet.
2 provisions across 2 enactments
R.S.Bharathi
The State rep. by The Inspector of Police, E-3, Teynampet Police Station, Chennai – 600 018.
Kalyana Sundaram
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
