V.Sundaresan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P.NO.16705 OF 2019 AND CRL.M.P.NO.8404 OF 2019 V.Sundaresan ... Petitioner/Accused A1 Vs.

1. The State Represented by its Inspector of Police, Team-II, CCB, Vepery, Chennai.

2. The Sub-Registrar, O/o of the Sub-Registrar, Pallavaram, Chennai.

... Respondents/Complainants PRAYER: Criminal Original Petition had been filed under Section 482 of Cr.P.C, praying to call for the records relating to the case in Crime No.63/2018 on the file of the First Respondent and quash the same as against the Petitioner/A1, by allowing this Criminal Original Petition.

For Petitioner : Mr.J.T.Raja Surya for M/s.Dass and Viswa Associates For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

This Petition had been filed to quash the Crime No.63/2018 on the file of the First Respondent as against the Petitioner/A1 by allowing this Criminal Original Petitioners.

2. When the case came up for hearing on an earlier occasion, this Court had vacated the interim stay granted favouring the Petitioner. At that time, this Court had directed the Investigation Officer to proceed with the investigation. https://hcservices.ecourts.gov.in/hcservices/

3. Today when the case came up for hearing, the learned Government Advocate (Crl. Side) for the Respondents vehemently objected to quash the FIR. It is the submission of the learned Government Advocate (Crl. Side), Mr.Vinoth Kumar, that at the time of admission, order of interim stay was granted and it was pending. Subsequently, as this Court had vacated the stay, the Investigation Officer had laid the final report before the learned Judicial Magistrate, Tambaram, the same had been taken cognizance and numbered as C.C. No.130 of 2020 on the file of learned Judicial Magistrate, Tambaram.

4.Considering the submission of the learned Government Advocate (Crl. Side) for the Respondents that since the Charge Sheet was taken on file, this Court is not inclined to quash the First Information Report in Crime No.63 of 2018. Therefore, this Criminal Original Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sha To

1. The Inspector of Police, Team-II, CCB, Vepery, Chennai.

2. The Sub-Registrar, O/o of the Sub-Registrar, Pallavaram, Chennai.

3. The Judicial Magistrate, Tambaram.

4. The Public Prosecutor High Court, Madras.

Crl.O.P.No.16705 of 2019 and Crl.M.P.No.8404 of 2019 VG-II(CO) RLP(26/05/2022) https://hcservices.ecourts.gov.in/hcservices/