The Madurai Bench of Madras High Court dismissed a Criminal Original petition filed to set aside a Sessions Court order and modify bail conditions. The court held the petition infructuous because the chargesheet was already filed, leaving nothing for adjudication.
The Criminal Original Petition is dismissed as infructuous.
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.
Crl.O.P(MD).No.2097 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE R.THARANI Crl.O.P(MD).No.2097 of 2020
Anthony Jai Vendhan
...Petitioner
Vs
1.State represented by The Inspector of Police, District Crime Branch Police Station, Kanyakumari District. Crime No.19 of 2019
2.P.Thavamani ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to set aside the order of the Principal Sessions Judge, Nagercoil in Crl.M.P.No.5887 of 2019 dated 16.12.2019 and modify the conditions imposed in Crl.M.P.No.4736 of 2019 dated 24.10.2019.
For Petitioner : No Appearance For 1st Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For 2nd Respondent : Mr.M.P.Senthil
ORDER
This petition is filed to set aside the order passed in Crl.M.P.No.5887 of
2019 dated 16.12.2019, on the file of learned Principal Sessions Judge, https://www.mhc.tn.gov.in/judis
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Nagercoil and to modify the conditions imposed in Crl.M.P.No.4736 of 2019 dated 24.10.2019.
2.There is no representation on the side of the petitioner.
3.On the side of the prosecution, it is stated that investigation was over
and chargesheet was filed and the same was taken on file as C.C.No.950 of 2020 before the learned Judicial Magistrate No.I, Nagercoil. The case is adjourned to 18.04.2023 for the appearance of the accused.
4.In view of the submission made by the prosecution and since chargesheet was already filed, nothing survives for adjudication in this petition. Hence, this Criminal Original Petition is dismissed as infructuous.
15.03.2023
NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn
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To
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Crl.O.P(MD).No.2097 of 2020
R. THARANI,J.
Mrn
Crl.O.P(MD).No.2097 of 2020
15.03.2023
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1 issue framed by the court
Whether the criminal original petition filed under Section 482 CrPC is maintainable after the filing of the chargesheet.
1 provisions across 1 enactments
Anthony Jai Vendhan
State
P. Thavamani
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
