Dr.P;.Vijayan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.O.P No.10114 of 2011 & M.P.No.1 of 2011

1. Dr.P.Vijayan

2. V.Anitha ... Petitioners Vs.

State: rep.by Superintendent of Police Special Police Establishment Central Bureau of Investigation Anti Corruption Branch Sashtri Bhawan III floor Haddows Road, Nungambakkam Chennai 6 ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records from the respondent/complainant in RCMA 1 2011 A0003 dated 12.1.2011 pending on the file of the respondent and quash the same and all other subsequent proceedings in the form of investigation done by CBI.

For Petitioners : No appearance For Respondent : Mr.B.Mohan, Special Public Prosecutor for CBI cases

ORDER

This Criminal Original Petition has been filed under section 482 of Code of Criminal Procedure, 1973 praying to quash the First Information Report registered in Crime NO.RCMA 1 2011 A0003 dated 12.1.2011 pending on the file of the respondent.

2. It is averred in the petition that the petitioners have been arrayed as accused numbers 1 and 2 in the FIR registered in Crime No. RCMA 1 2011 A0003 dated 12.1.2011. Further, it is stated in the petition that the petitioners are innocent persons and no materials are available so as to https://hcservices.ecourts.gov.in/hcservices/

proceed further against them. Under the said circumstances, present petition has been filed for the relief sought therein.

3. The learned counsel appearing for the petitioners is not present.

4. The learned Special Public Prosecutor has contended that the case against the petitioners have been investigated, which culminated in filing of a final report and the same has been taken on file in C.C.No.19 of 2014 on the file of the trial court. Under the said circumstances, relief sought for in the present petition has become infructuous.

5. It is an admitted fact that the present petitioners jointly and individually have filed Criminal Original Petition No.23930 of 2015 and Criminal Revision Case No.564 of 2015, wherein it has been clearly stated that the final report has been filed and the same has been taken on file in Calendar Case No.19 of 2014. Under the said circumstances, relief sought for in the present petition has become infructuous. In fine, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ajr To

1. Superintendent of Police Special Police Establishment Central Bureau of Investigation Anti Corruption Branch Sashtri Bhawan III floor Haddows Road, Nungambakkam Chennai 6

2. The Special Public Prosecutor for CBI Cases, High Court, Madras.

Crl.O.P No.10114 of 2011 VD(CO) CA(22/12/2015) https://hcservices.ecourts.gov.in/hcservices/