Petitioner, fifth accused in FIR No.84 of 2020, sought quashing under Section 482 Cr.P.C. The State reported that the final report arrayed only two accused and did not include the petitioner. Nothing survived; the petition was disposed of.
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Crl.O.P.No.2876 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.2876 of 2023
& Crl.M.P.No.1678 of 2023
H.Mahender. ... Petitioner/5 th Accused
/versus/
1. The Assistant Commissioner of Police, CCB-1, Central Crime Branch,
Office of Commissioner of Police, Vepery, Egmore. FIR No.84 of 2020. ... 1 st Respondent/complainant
2. Ariyal ... 2 nd Respondent/defacto complainant
Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in FIR No.84 of 2020 on the file of Inspector of Police, CCB-1, dated 10.03.2020 and to quash the same as abuse of process of law.
For Petitioner : Mr.V.Raghavachari, Senior Counsel, for Ms.V.Srimathi
For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
For R2 : Mr.S.Suresh
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Crl.O.P.No.2876 of 2023
O R D E R
The petitioner herein is the 5 th accused in F.I.R.No.84 of 2020 on the file of Inspector of Police, CCB-I contended that he is no way connected with the offence alleged in the complaint. The transaction was executed by one Selvavinayagam in favour of the petitioner on 07.08.2003 during his life time and the defacto complainant has no locus to initiate proceedings on behalf of Selvavinayagam, after the demise of Selvavinayagam who died in the year 2018.
2 . The Learned Government Advocate (Crl.Side) for the 1 st respondent states that after completion of investigation final report filed as against two accused persons. The petitioner herein is not arrayed as accused in the final report. It is also further submitted that the final report been taken cognizance by the Special Court, CCB-I in C.C.No.7129 of 2023.
3 . In the light of the above fact, nothing survives in this
petition to file F.I.R, since the petitioner is not found in the final report. Accordingly, this Criminal Original Petition is disposed of. Consequently, https://www.mhc.tn.gov.in/judis 2/4
Crl.O.P.No.2876 of 2023
connected Miscellaneous Petition is closed.
09.07.2024
Index : Yes/No. Neutral Citation : Yes/No. bsm Copy to:- 1. The Assistant Commissioner of Police, CCB-1, Central Crime Branch, Office of Commissioner of Police, Vepery, Egmore. 2. The Public Prosecutor, High Court, Madras.
Dr.G.JAYACHANDRAN,J.
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Crl.O.P.No.2876 of 2023
bsm
Crl.O.P.No.2876 of 2023
09.07.2024
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1 issue framed by the court
Whether the FIR against the petitioner could be quashed when the final report filed after investigation did not array him as an accused.
1 provisions across 1 enactments
H.Mahender
The Assistant Commissioner of Police, CCB-1, Central Crime Branch, Office of Commissioner of Police, Vepery, Egmore
Ariyal
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
