The Madurai Bench of Madras High Court, transferring a petition for quashing an FIR to the Principal Seat due to an occurrence in Trichy, rejected the plea to quash as the investigation was completed and a charge sheet filed, closing the matter with liberty to file other remedies.
Petition held closed; liberty to file remedies elsewhere granted.
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Crl.O.P. (MD) No.20641 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON 14.09.2022 DELIVERED ON 28.09.2022
CORAM:
THE HON’BLE MR. JUSTICE P.N. PRAKASH
Crl.O.P. (MD) No.20641 of 2014 & M.P. (MD) No.1 of 2014
Crl.O.P. (MD) No.20641 of 2014
1 State represented by its Inspector of Police City Crime Branch Trichy City Trichy (Cr. No.28 of 2014)
Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call
for the records in Cr.No.28 of 2014 on the file of the first respondent police and quash the same.
For petitioners Mr. S. Sakthivel for Mr. S.P. Venkatasubramanian For R2 Mr. R. Muniyapparaj Addl. Public Prosecutor - - - - -
ORDER
Originally, this petition was filed in the Madurai Bench as the occurrence
took place in Trichy. However, at the request of the learned counsel on either side, the matter was transferred to the file of the Principal Seat and was directed to be
clubbed along with Crl.O.P. (MD) No.3487 of 2015 to be heard together.
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Crl.O.P. (MD) No.20641 of 2014
3 This petition has been filed seeking to quash the FIR in Cr.No.28 of 2014 on the file of the first respondent police.
4 When the mater was taken up for hearing, the learned Additional Public Prosecutor submitted that the investigation in Cr.No.28 of 2014 was completed and charge sheet was filed in C.C. No.164 of 2018 in the Court of the Judicial Magsitrate No.II, Trichy and thereafter, the same has been transferred to the file of the Judicial Magistrate Court No.I, Trichy and renumbered as C.C. No.188 of 2022 for the offences under Sections 120-B, 420, 506(II) and 406 IPC @ Sections 120-B, 420 read with 109 IPC against 9 accused, viz., Rengasamy, Mathivanan, Vijayakumar, Kavithakala, Vidhyapriya, Jeyabharathi, Thirupathi Chettiar, Veera Raj and Ramamoorthy.
5 Since investigation has been completed and charge sheet filed, nothing survives for adjudication in this petition for quashing the FIR.
Hence, this petition is closed with liberty to the petitioners to work out their remedies in the manner known to law. Connected M.P. stands closed.
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Crl.O.P. (MD) No.20641 of 2014
P.N. PRAKASH, J.
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To
Crl.O.P. (MD) No.20641 of 2014
28.09.2022
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2 issues framed by the court
Whether a petition under Section 482 Cr.P.C. for quashing an FIR can be decided once the investigation is completed and a charge sheet is filed.
What course of action to take when the investigative stage of a criminal prosecution is concluded and the matter stands transferred to the trial stage.
1 provisions across 1 enactments
S.K. Rengasamy
R. Mathivanan
R. Vijayakumar
Kavithakala
Vidhyapriya
R. Jeyabharathi
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
