The Madurai Bench held the petition for quashing the FIR infructuous as the investigation was completed and the charge sheet filed. It directed the trial court to process the final report.
The petition was dismissed as infructuous; directions issued to the Judicial Magistrate to process the final report.
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.2481 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD).No.2481 of 2023 and Crl. MP(MD).No.2211 of 2023
Vs.
1.The State Represented by its The Inspector of Police, Koppampatti Police Station, Thoothukudi District, (Crime No.530 of 2020) ... Respondent/Complainant 2.Subbiah, ... 2nd Respondent/ Defacto Complainant.
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to FIR in Crime No.530 of 2020 dated 19.09.2020 on the file of the 1st Respondent Police and Quash the same as against the Petitioner.
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For Petitioner : Mr.M. Karunanithi
For Respondents : Mr.S.ManiKandan for R1 Government Advocate (Crl. Side)
ORDER
This criminal original petition has been filed to quash the FIR in Crime No.530 of 2020 dated 19.09.2020 on the file of the 1st Respondent Police.
2.The petitioners are the accused persons in Crime No.530 of 2020 pending on the file of the first respondent, which was registered for the offences punishable under Sections 406 & 420 of IPC on 19.09.2020. Seeking quashment of the same, on various grounds, this petition has been filed.
3.The learned Government Advocate (Crl. Side) would submit that investigation has been completed and charge sheet was filed through e- filing on 04.04.2023, before the learned Judicial Magistrate No.II, Kovilpatti.
4.In view of the submission made by the learned Government
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Advocate (Crl. Side), the prayer sought for in this petition has become infructuous and there shall be a direction to the learned Judicial Magistrate No.II, Kovilpatti, to process the above said final report, within the time stipulated as per Rules.
09.06.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
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Crl.O.P.(MD).No.2481 of 2023
G.ILANGOVAN ,J.
TM
Crl.O.P.(MD).No.2481 of 2023
09.06.2023
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1 issue framed by the court
Whether the criminal original petition to quash the FIR is maintainable when the investigation is completed and the charge sheet has been filed.
1 provisions across 1 enactments
Muthuraj
Parimaladevi
Murugesan
Ravi @ Karuppusamy
Gomathi
The State
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
