Madras High CourtCRL OP/6219/2013dismissed as infructuous

Sindhuja v. The Insector Of Police

2019-01-03Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2019

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.6219 of 2013

1. Sindhuja

2. Vivin Prasanna ... Petitioners Vs.

1. State rep. by Inspector of Police, Karamadai Police Station, Coimbatore District.

2. S.Ponnammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the F.I.R in Crime No.60 of 2012, on the file of the Inspector of Police, Karamadai Police Station, Coimbatore District and quash the same.

For Petitioner : Mr.G.Karthikeyan For Respondents : Mr.R.Surya Prakasam, Government Advocate(Crl. Side) for R1 : Mr.T.Thiageswaran for M/s.Waraon and Sai Rams for R2

O R D E R

This petition has been filed by the accused Nos.2 and 3 to quash the F.I.R in Crime No.60 of 2012 on the file of the first respondent.

2. The learned Government Advocate (Criminal Side) who is appearing for the first respondent has submitted that during pendency of this petition, investigation has been completed and charge sheet has been filed against the petitioners herein under Sections 406 and 420 of I.P.C and based on the said charge sheet, the case was taken on file in C.C.No.45 of 2017 on the file of the Judicial Magistrate, Mettupalayam and hence he requests to dismiss this petition as infructuous.

3. The learned Counsel for the petitioners has submitted that if this Court is inclined to dismiss this petition as infructuous, liberty may be given to the https://hcservices.ecourts.gov.in/hcservices/

petitioners to challenge the charge sheet by filing fresh petition.

4. Considering the aforesaid submissions, since charge sheet has been filed and the case was taken on file in C.C.No.45 of 2017 on the file of the Judicial Magistrate, Mettupalayam, this petition is dismissed as infructuous. It is open to the petitioners to challege the charge sheet in accordance with law.

Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vv To

1. The Judicial Magistrate, Mettupalayam

2. The Inspector of Police, Karamadai Police Station, Coimbatore District..

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr. G.Karthikeyan, Advocate SR.No. 602 +1cc to M/s.Waraon and Sai Rams , Advocate SR.No. 624 Crl.O.P.No.6219 of 2013 A.SK(12/02/2019) https://hcservices.ecourts.gov.in/hcservices/