Crl.O.P filed under Section 482 CrPC to quash an FIR. Investigation completed; final report filed before Court below. Court held it not inclined to pass orders in this petition, leaving petitioners to approach Court below if aggrieved. Petitions closed.
The criminal original petition and connected miscellaneous petition are closed.
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.
1 of 4
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.27460 of 2022 and Crl.MP.No.16903 of 2022
1.B.Dayaalan (70 Y/Male) S/o.late.A.Bashingam
2.D.Praveen Kumar (39 Y/Male) S/o.B.Dayaalan .. Petitioner /Accused
.Vs.
1.The State of Tamil Nadu rep.by Inspector of Police (Law and Order) T 14, Mangadu Police Station Mangadu, Chennai-600 122. ..Respondent/Complainant
2.G.K.Rajesh (48 Y/Male) S/o.S.Gopalakannan ..Respondent/de facto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to police complaint, dated 28.8.2017, registered as FIR made in Crime No.844 of 2022, on the file of the Inspector of Police (Law and Order), T14, Mangadu Police Station, Mangadu, Chennai 600 122 of Ambattur District and quash the same.
For Petitioners : Mr.D.Deepak Rajan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1
2 of 4
ORDER
This criminal original petition has been filed challenging the FIR registered in Crime No.844 of 2022, pending on the file of the 1st respondent.
2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) submitted that the investigation was completed and the final report was filed before the Judicial Magistrate, Sriperumbudur which was taken on file in C.C.No.216 of 2022.
3.In view of the above, this Court is not inclined to pass any orders in this petition. If the petitioners are aggrieved by the proceedings pending before the Court below, it is left open to the petitioners to file an independent petition and workout their remedy in accordance with law.
4.This criminal original petition is accordingly closed. Consequently, connected miscellaneous petition is closed.
14.08.2023
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP
3 of 4
To
4 of 4
N. ANAND VENKATESH,. J.
KP
Crl.O.P No.27460 of 2022 and Crl.MP.No.16903 of 2022
14.08.2023
2 issues framed by the court
Whether the High Court has jurisdiction to pass orders on a Criminal Original Petition challenging an FIR where investigation is completed and case is pending below.
Whether to allow the petitioners to file an independent petition for remedy against proceedings in Court below.
3 provisions across 3 enactments
B.Dayaalan
D.Praveen Kumar
The State of Tamil Nadu
G.K.Rajesh
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
