Madras High CourtCRL OP/9393/2022dismissed

Jaisankar v. The State Rep By

2022-06-21Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.9393 of 2022 and Crl.M.P.No.5477 of 2022 Jaisankar ... Petitioner Vs

1. State Represented By, Special Sub- Inspector of Police, Prohibition Enforcement Wing, Tiruppur Police Station, Tiruppur.

2. Venkatachalam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records related to FIR in Crime No.860 of 2021 dated 10.07.2021 on the file of the 1st respondent and quash the same as against the petitioner herein. For Petitioner : Mr.Dharani Subramanian For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records related to FIR in Crime No.860 of 2021 dated 10.07.2021 on the file of the 1st respondent and quash the same as against the petitioner herein.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

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3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has been completed and the final report has also been filed in STC No.538 of 2022 on the file of the Judicial Magistrate No.II, Avinasi.

4. In such view of the matter, the question of quashing the FIR does not arises at all. Considering the nature of the legal plea made by the learned counsel for the petitioner, the petitioner's appearance before the trial Court is dispensed with except for receiving the copies, initial questioning, reply to charges, at the time of framing charges, questioning under Section 313 of Cr.P.C. or any date fixed by the trial Court and at the time of passing judgment. Further, the petitioner is at liberty to take all his legal plea before the trial Court as argued before this Court.

5.Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rgi/ham To

1. The Judicial Magistrate No.II, Avinasi.

2. The Special Sub- Inspector of Police, Prohibition Enforcement Wing, Tiruppur Police Station, Tiruppur.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9393 of 2022 and Crl.M.P.No.5477 of 2022 skm[co] srg 01/07/2022 https://hcservices.ecourts.gov.in/hcservices/