A special jurisdiction offence quashal petition under Section 482 CrPC filed by petitioners against an FIR in progress. The prosecution submitted that the chargesheet was already filed in court, rendering the petition infructuous, leading to dismissal.
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.737 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE R.THARANI
Crl.O.P(MD).No.737 of 2021 and
Crl.M.P.(MD)No.330 of 2021
1.Premkumar @ Premchandar
2.Ramuthai
3.Murugan
4.Irulappan
...Petitioners
Vs
1.State represented by The Inspector of Police, Bodinayakanur Town Police Station, Theni District.
2.R.Nagaraj
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the entire records connecting to the FIR in Crime No.1060 of 2020 dated 13.12.2019, pending on the file of the first respondent police station and quash the same as illegal as against the petitioners.
For Petitioners : Mr.R.Senthilkumar For 1st Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For 2nd Respondent : No Appearance
ORDER
This petition is filed to quash the FIR in Crime No.1060 of 2020 dated
https://www.mhc.tn.gov.in/judis 13.12.2019 on the file of the first respondent Police.
1/2
Crl.O.P(MD).No.737 of 2021
R. THARANI,J.
Mrn
2.On the side of the prosecution, it is stated that the chargesheet was filed and the same was taken on file as S.T.C.No.1270 of 2022 on the file of the learned Judicial Magistrate, Bodinayakanur.
3.In view of the submission made by learned Government Advocate and the 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.
17.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To
Crl.O.P(MD).No.737 of 2021
2/2
Premkumar @ Premchandar and others
The State
R.Nagaraj
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
