Madras High CourtCRL OP/5092/2021ordered

G.Sundareswaran v. State Rep.By

2021-03-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5092 of 2021 G.Sundareswaran .. Petitioner Vs.

The Inspector of Police, Civil Supplies CID, Chennai - 600 053 Crime No.33 of 2012 .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Cr.No.33 of 2012 on the file of the first respondent insofar as it relates to the 4th petitioner/accused is concerned. For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.M,Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the FIR in Crime No.33 of 2012 pending investigation on the file of the respondent police.

2. It is seen from records that the petitioner was arrayed as 4th accused in the FIR. It is also seen from records that the respondent police has already informed the Registrar of Cooperative Societies through communication dated 12.09.2020 that the entire proceedings have been closed as ''further action dropped''. The grievance of the petitioner is that the FIR is kept pending and it has not been closed before the concerned Court. Left with no other option, the present petition has been filed before this Court.

3. The learned Additional Public Prosecutor, on instructions, submitted that the respondent police has closed the FIR as 'further action dropped' and a report has been filed before the learned VI Metropolitan Magistrate, Egmore dated 23.09.2020. The learned Additional Public Prosecutor submitted that in view of this development, nothing survives in this petition.

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4. Taking into consideration the facts and circumstances of the case and also of the fact that further action has been dropped and it has been informed to both the Registrar of Cooperative Societies as well as the same has been filed before the concerned Court, the FIR ceases to exist in the eye of law. Therefore, the petitioner need not have any grievance that there is a pending FIR against him.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To The Inspector of Police, Civil Supplies CID, Chennai - 600 053 +1cc to Mr.J.Muthukumaran, Advocate, S.R.No.16619 Crl.O.P.No.5092 of 2021 GSM(CO) RG.17.04.2021 https://hcservices.ecourts.gov.in/hcservices/