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Madras High CourtCRL OP/5073/2021dismissed as infructuous

G.Mahendran v. The State Rep.By

2022-09-07Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2022

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA Crl.O.P.No.5073 of 2021 and G.Mahendran

...Petitioner

Vs.

1.State represented by, The Inspector of Police, DCB Thiruvallur, Thiruvallur District.

2. D.Murali ... Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to impugned FIR in Crime No.1 of 2018, on the file of the Inspector of Police, DCB, Thiruvallur and quash the same by allowing the Criminal Original Petition. For Petitioner :Mr.A.Selvendran For Respondents :Mr.A.Damodaran Additional Public Prosecutor for R1

O R D E R

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This petition is filed to quash the FIR in Crime No.1 of 2018 on the file of the 1st respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that in Crime No.1 of 2018, investigation has been completed, charge sheet has already been filed before the learned Judicial Magistrate I, Ponneri.

3. In view of the above, nothing survives for further adjudication in the quash petition. Hence, the Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is also closed. 07.09.2022 vum Index:yes/No Speaking order / Non speaking order To The Inspector of Police, DCB Thiruvallur, Thiruvallur District.

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R.N.MANJULA,J.

vum 07.09.2022 3/5

R.N.MANJULA,J.

This Criminal Original Petition came up for hearing today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that on 07.09.2022, this petition was dismissed as infructuous on the instructions given to the learned Additional Public Prosecutor that the investigation in this case has been completed and charge sheet has been filed before the learned Judicial Magistrate - I, Ponneri. The learned counsel for the petitioner submitted that the charge sheet has been filed only after the matter was dismissed as infructuous on 07.09.2022 by this Court.

3. The learned Additional Public Prosecutor has also submitted that the charge sheet has been filed only on 10.10.2022 in C.C.No.55 of 2022 before the learned Judicial Magistrate - I, Ponneri.

4. In view of the above submission of the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, the date of the order is modified and the following order is passed today: "This petition is filed to quash the FIR in Crime No.1 of 2018 on the file of the 1st respondent Police. 4/5

2. The learned Additional Public Prosecutor, on instructions, would submit that in Crime No.1 of 2018, investigation has been completed, charge sheet has been filed in C.C.No.55 of 2022 before the learned Judicial Magistrate - I, Ponneri.

3. In view of the above, nothing survives for further adjudication in the quash petition. Hence, the Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is also closed."

17.10.2022 gsk Note: Registry is directed to issue the modified copy of the order to the learned counsels for the respective parties. 5/5