Criminal Original Petition filed under Section 482 CrPC to quash an FIR was dismissed as infructuous because a charge sheet had already been filed against the petitioner.
Criminal Original Petition dismissed as infructuous due to filing of charge sheet.
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: 01.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P.NO.5638 OF 2019 AND CRL.M.P.NO.3202 OF 2019
R.Rajamani
... Petitioner
Vs.
... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR No.12 of 2018 on the file of the First Respondent and quash the same as illegal, arbitrary, unsustainable in law.
For Petitioner : Mr.AR.M.Arunachalam For Respondent 1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
When the matter is taken up for hearing, learned Government Advocate (Crl. Side) appearing on behalf of the Prosecution submitted that the prayer in this Petition has become infructuous since charge sheet had already been filed before the learned Judicial Magistrate No.I, Namakkal on 02.03.2019 and this Petitioner had filed Crl.O.P.No.8591 of 2019 challenging the said Charge Sheet.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
SRM
To
Crl.O.P.No.5638 of 2019
PL(CO) RLP(12/04/2022)
2 issues framed by the court
Whether the Criminal Original Petition praying for quashing of FIR is maintainable after withdrawal of charge sheet.
Whether the current petition is infructuous as a charge sheet was filed and challenged separately.
1 provisions across 1 enactments
R.Rajamani
The State Represented by Sub Inspector of Police, District Crime Branch, Namakkal
K.Rajenthiran
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
