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Madras High CourtCRL OP/14076/2020dismissed as infructuous

S.Kalyani v. The State Rep.By

2020-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14076 of 2020 and Crl.M.P.No.5383 of 2020 Kalyani ... Petitioner Vs.

1.The State rep. By Inspector of Police, J5, Sastri Nagar Police Station, Chennai (Cr.No.858 of 2019) 2.Mr.Palavesam.K

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the F.I.R., in Crime No.858 of 2019, on the file of the 1st respondent Police.

For Petitioner : Mr.B.Kumar, Senior Counsel for Mr.S.Ramachandran For R.1 : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to quash the F.I.R., in Crime No.858 of 2019, on the file of the 1st respondent Police.

2.The learned Additional Public Prosecutor appearing for the first respondent would submit that the first respondent already completed investigation and filed final report and the same has been taken cognizance in C.C.No.761 of 2020 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. 3.The learned Senior Counsel appearing for the petitioner would submit that in the similar matter, FIR as well as the charge sheet has been quashed.

4.Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

5.It is seen that though FIR and charge sheet has been quashed in similar case, now the charge sheet has been https://hcservices.ecourts.gov.in/hcservices/

taken cognizance by the trial Court and it is pending for trial. Therefore, the prayer as such sought for in this petition cannot be entertained. Accordingly, the Criminal Original Petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law, if so advised. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Jer To 1.The IX Metropolitan Magistrate, Saidapet, Chennai. 2.Do thro the Chief Judicial Magistrate,Egmore,Chennai 3.The Inspector of Police, J5, Sastri Nagar Police Station, Chennai.

4.The Public Prosecutor High Court of Madras.

Crl.O.P.No.14076 of 2020 A.SK(06/10/2020) https://hcservices.ecourts.gov.in/hcservices/