Velraj v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2020
CORAM:
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.Nos.10062 and 10117 of 2019 & Crl.M.P.Nos.5204 and 5232 of 2019 1.Velraj ... Petitioners in Crl.O.P.No.10062 of 2019 2.K.Subramanian Kannan Murali ... Petitioner in Crl.O.P.No.10117 of 2019 Vs 1.The State Rep by ... Respondents in both The Deputy Commissioner of Police the Crl.O.P's. O/o Deputy Commissioner of Police St.Thomas Mount Chennai.
2.The Assistant Commissioner of Police O/o Assistant Commissioner of Police Airport Minambakkam Chennai - 600 016.
3.The Inspector of Police S-2 Police Station Airport Minambakkam Chennai - 600 016.
(Crime No.38 of 2019) 4.Vimal Rajasekaran Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to call for the records in Crime No.38 of 2019 pending investigation on the file of the 3rd respondent police and to quash the same.
In both the Crl.O.P's.
For Petitioners : Mr.N.G.R.Prasad for Mr.R.Thirumoorthy For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1 -R3 Mr.S.Sathia Chandran for R4
COMMON ORDER The petitioner in Crl.O.P.No.10117 of 2019 is arrayed as 1st accused in Crime No.38 of 2019 and the petitioners in Crl.O.P.No.10062 of 2019 are arrayed as accused Nos.3 & 2 in the above referred FIR, pending on the file of the 3rd respondent police.
2.Both these Criminal Original Petitions have been filed praying to quash the FIR registered in Crime No.38 of 2019 on the file of the 3rd respondent police.
3.Heard Mr.N.G.R.Prasad, learned counsel appearing for the petitioners;
Mr.S.Karthikeyan, Additional Public Prosecutor appearing for the respondents 1 to 3; and Mr.S.Sathia Chandran, learned counsel appearing for the 4th respondent.
4.Today, when the Criminal Original Petitions are came up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions would submit that in respect of the Crime No.38 of 2019, the 3rd respondent police herein completed investigation and filed final report on 03.12.2019 before the learned Principal District Judge, Chengalpattu. He would further submit that the said charge sheet has been returned by the learned Principal District Judge, Chengalpattu, and thereafter after rectifying the defect pointed out by the learned Principal District Judge the same has been represented before the said Court on 10.11.2020. The said submission was recorded. 5.Hence in view of the above, since already investigation has been completed in the petition mentioned FIR, it is not at all necessary to decide the merits of the petitions at this stage.
6.Thus, both the Criminal Original Petitions are closed after granting liberty to the petitioners for challenging the charge sheet which filed by the 3rd respondent in Crime No.38 of 2019. Further, the learned Principal District Judge, Chengalpattu, is directed to take the charge sheet on file within a period of one week from the date of receipt of a copy of this order. Consequently connected miscellaneous petitions are closed.
-Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar Jer
To 1.The Principal District Judge, Chengalpattu.
2.The Deputy Commissioner of Police O/o Deputy Commissioner of Police St.Thomas Mount Chennai.
3.The Assistant Commissioner of Police O/o Assistant Commissioner of Police Airport Minambakkam Chennai - 600 016.
4.The Inspector of Police S-2 Police Station Airport Minambakkam Chennai - 600 016.
5.The Public Prosecutor High Court of Madras.
+1 C.C. to MR.S.SATHIACHANDRAN Advocate SR.NO.38386 Crl.O.P.Nos.10062 and 10117 of 2019 & Crl.M.P.Nos.5204 and 5232 of 2019 UM (CO) UMY (17.12.2020)