Petitioner filed a Crl.O.P. under Section 528 BNSS/482 Cr.P.C. to quash an FIR. The Court held that since investigation was over and final report filed by the Public Prosecutor, the petition was infructuous and dismissed it.
Criminal Original Petition dismissed as infructuous; connected miscellaneous petition 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.No.30755 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.O.P.No.30755 of 2024 and Crl.M.P.No.17513 of 2024
Latha
... Petitioner
Vs.
1. State thro the Sub Inspector of Police, AWPS-Neyveli Police Station, Cuddalore, Crime No.22 of 2024.
2. Shobana ... Respondents
Prayer: Criminal Original Petition is filed under Section 528 BNSS r/w 482 Cr.P.C., to call for the records from the 1 st respondent Police in Crime No.22 of 2024 dated 20.07.2024 and quash the same as devoid of merits against the petitioner.
For Petitioner : Mr.D.Nellaiyappan For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1
O R D E R
This Criminal Original Petition has been filed to quash the FIR in
Crime No.22 of 2024 dated 20.07.2024 as against the petitioner.
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Crl.O.P.No.30755 of 2024
2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent/Police submitted that investigation in Crime No.22 of 2024 is over and final report was also filed before the learned Judicial Magistrate, Neyveli on 25.11.2024 and the same was taken on file in C.C.No.481 of 2024.
3. In view of the above, nothing survives for adjudication in this Criminal Original Petition. Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to work out her remedy in the manner known to law.
10.12.2024
Index : Yes/No Neutral Citation Case : Yes/No Speaking Order : Yes/No ms
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Crl.O.P.No.30755 of 2024
To
1. The Sub Inspector of Police, AWPS-Neyveli Police Station, Cuddalore.
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Crl.O.P.No.30755 of 2024
P.VELMURUGAN, J
ms
Crl.O.P.No.30755 of 2024
10.12.2024
1 issue framed by the court
Whether the quashing of an FIR in which investigation and final report have already been completed is maintainable.
2 provisions across 2 enactments
Latha
State through the Sub Inspector of Police, AWPS-Neyveli Police Station, Cuddalore
Shobana
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
