The Madurai Bench dismissed the criminal original petition seeking quashing of an FIR as infructuous because a chargesheet had already been filed in the trial court, leaving nothing for adjudication.
The Criminal Original Petition was dismissed as infructuous; the connected miscellaneous petition was 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.
Crl.O.P(MD).No.3216 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE R.THARANI
Crl.O.P(MD).No.3216 of 2021 and Crl.M.P.(MD)No.1761 of 2021
Alagarsamy
...Petitioner
Vs
1.The State through, Inspector of Police, K.Pudur Police Station, Madurai City. Crime No.25 of 2021
2.Govindaraj
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the impugned FIR in Crime No.25 of 2021 dated 12.01.2021 on the file of first respondent Police and to quash the same as illegal.
For Petitioner : Mr.K.Sivabalan For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side)
ORDER
This petition is filed to quash the impugned FIR in Crime No.25 of
2021 dated 12.01.2021, on the file of first respondent Police.
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Crl.O.P(MD).No.3216 of 2021
R. THARANI,J.
Mrn
2.On the side of the prosecution, it is stated that the chargesheet was filed on 04.01.2023 and the same was taken on file as P.R.C.No.64 of 2023 on the file of learned Judicial Magistrate No.VI, Madurai.
3.In view of the submission made by learned Government Advocate and chargesheet was already filed, nothing survives for adjudication in this petition. Hence, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.
21.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Inspector of Police, K.Pudur Police Station, Madurai City. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD).No.3216 of 2021
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1 issue framed by the court
Whether the criminal original petition to quash the FIR is maintainable after the filing of the chargesheet.
1 provisions across 1 enactments
Alagarsamy
State through Inspector of Police, K.Pudur Police Station, Madurai City
Govindaraj
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
