The court dismissed a Criminal Original Petition filed to quash an FIR. The petition was dismissed as infructuous because the respondent police had already filed a final report and dropped the case, rendering no further adjudication necessary.
The criminal original petition is dismissed as infructuous.
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Crl.O.P.(MD)No.17452 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.17452 of 2019 and Crl.M.P.(MD)No.10298 of 2019
Mohan C.Lazarus ... Petitioner/ Accused
vs.
1.The Inspector of Police, Anjugramam Police Station, Kanyakumari District. (Crime No.258 of 2018) ... 1st Respondent/Complainant 2.P.Arulsiva ... 2nd Respondent/ De-facto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records relating to the FIR in Crime No.258 of 2018 dated 02.10.2018 on the file of the first respondent and quash the same.
For Petitioner : Mr.Issac Mohanlal, Senior Counsel for Mr.K.Samidurai
For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) for R1 No appearance for R2
O R D E R
This criminal original petition has been filed seeking orders to call for the records relating to the FIR in Crime No.258 of 2018 dated 02.10.2018 on the file of the first respondent and quash the same.
2.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that the respondent police had already filed a final report as further action dropped and also filed a copy of the final report. Since the FIR was closed as action dropped, nothing survives for further adjudication.
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Crl.O.P.(MD)No.17452 of 2019
3.Recording the submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
csm
Note : In view of the present lock down owing to COVID-19 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 Inspector of Police, Anjugramam Police Station, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-39068[F] dated 16/12/2021 )
Crl.O.P.(MD)No.17452 of 2019 and Crl.M.P.(MD)No.10298 of 2019 15.12.2021
RD(27.12.2021) 2P 4C
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1 issue framed by the court
Whether a Criminal Original Petition seeking to quash an FIR should be dismissed as infructuous when the police has filed a final report and dropped the case.
1 provisions across 1 enactments
Mohan C.Lazarus
The Inspector of Police, Anjugramam Police Station, Kanyakumari District
P.Arulsiva
K Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
